IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4635 of 2007
RAJESH KHANNA adopted son of Late Parmeshwari Devi, resident of vill-
Mohinddin Nagar, P S. Mohinddin Nagar, District- Samastipur.
... Petitioner.
Versus
1. THE STATE OF BIHAR, through the Chief Secretary, Bihar, Patna.
2. The Secretary, Department of Primary Education, Bihar, Patna.
3. The District Magistrate, Samastipur.
4. The District Superintendent of Education, Samastipur.
5. Block Education Extension Officer, Mohinddin Nagar, District- Samastipur.
6. Area Education Officer, Dalsing Sarai, District- Samastipur.
7. The Headmaster, Govt. of Girls Middle School, Mohinddin Nagar, District-
Samastipur.
... Respondents.
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2. 01.04.2011 Having heard learned counsel for the
parties as also taking into account that the claim of the
petitioner for appointment on compassionate ground
cannot be decided by the respondents inasmuch as two
persons were/are claiming to be adopted sons of the
deceased employee, late Parmeshwari Devi who is said
to have died on 18.9.2001, this Court would give
liberty to the petitioner to file a civil suit seeking a
declaration that he is the adopted son of late
Parmeshwari Devi and the other person, namely,
Santosh Kumar Gupta was never adopted by late
Parmeshwari Devi.
It goes without saying that since such a
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civil suit is to be filed for the purpose of obtaining
compassionate appointment, the petitioner will also be
under obligation to implead the respondents of this case
as defendants in the suit where he can additionally also
seek a relief for his appointment on compassionate
ground as per government policy after he is held to be
sole adopted son of late Parmeshwari Devi by the Civil
Court.
With the aforementioned observation and
liberty, this writ application is disposed of.
kanchan/- ( Mihir Kumar Jha, J.)