IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3980 of 2009
RAM PRAVESH CHOUDHARY .
Versus
THE STATE OF BIHAR & ORS .
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3. 20.06.2011 Heard learned Counsel for the petitioner. None is present on
behalf of the State and no counter affidavit has been filed.
The writ petition was filed on 31.3.2009 after serving two copies
of the writ petition in the office of Advocate General, the second copy
was to enable the respondents to expeditiously file a counter affidavit to
assist the Court in timely dispensation of justice. The claim for
compassionate appointment has its own urgency given the
circumstances in which it is made. The fact that it may succeed or may
not succeed is not relevant at this stage. On 10.2.2011 this Court had
granted four weeks’ time to file a counter affidavit also. It is apparent
that the respondents did not consider it their duty to file a counter
affidavit in good time from the date of service of a copy of the writ
petition, but considered the right to seek adjournment when the writ
petition may first be taken up as a matter of vested right. More than two
years and three months has not been considered sufficient time by the
respondents to assist the Court by filing a counter affidavit. In the nature
of the claim, the Court comes to the conclusion that the delay shall only
defeat justice. The respondents appear to be acting in a manner to
prevent access to justice by the petitioner.
The father of the petitioner is stated to have been a Peon in the
department of Commercial Taxes. He is stated to have been deceased
on 19.3.2006. The petitioner as the son applied for compassionate
appointment on 19.7.2006. He has then filed this writ application on
31.3.2009.
Learned Counsel for the petitioner submits that the petitioner
had been representing in the meantime. The deficiencies in the
application pointed out by the respondents on 25.7.2006 were removed
on 28.9.2006 which was forwarded on 26.10.2006, notwithstanding
which no further steps have been taken.
Respondent no. 7 who heads the District Compassionate
Appointment Establishment Committee, is directed to consider the case
of the petitioner for compassionate appointment in accordance with law
and pass final appropriate orders within a maximum period of four
months from the date of receipt and/or production of a copy of this order
before him.
It is expected that the District Magistrate shall duly discharge
his duties in accordance with law and shall not generate further litigation
by sheer inaction,
The writ application stands disposed.
Snkumar/- (Navin Sinha,J.)