High CourtsSINGLE BENCH(2017) 11 PAT CK 0047

Ranjeet Kumar, S/O Late Mahendra Prasad vs The State of Bihar

Patna High Court · Decided on 28 November 2017

HON’BLE JUDGES
Shivaji Pandey
RESULT
Disposed off
CASE NUMBER
18098 of 2013

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

28 paragraphs · 257 words
1.

Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the Municipal

Corporation.

2.

In this case, the petitioner is claiming compassionate

appointment on the ground that his father has become traceless in

2010 and still he is traceless. Presumption in law, if the person

remains traceless for seven years, in such a situation, he will be

treated to have been died.

3.

The father of the petitioner was an employee of the Ara

Municipal Corporation and after he became traceless a complaint

was lodged on 28.06.2010 and where-after the petitioner has filed an

application for compassionate appointment, but he has been

deprived of the compassionate appointment though his father

remained traceless for more than seven years.

4.

Learned counsel for the petitioner submits that the

condition of the family is in very bad shape and the basic idea of the

compassionate appointment is to mitigate the financial hardship. He

further submits that the family is in penury, they are facing great

adversity to carry out day- to-day life, so the petitioner is entitled for

compassionate appointment.

5.

Let the respondent-Ara Municipal Corporation consider

the case of the petitioner for compassionate appointment within a

period of six months from the date of receipt/production of a copy

of this order as the father of the petitioner has become traceless

since 28.06.2010, now seven years have crossed, naturally it will be

treated that the father of the petitioner has died.

6.

With the aforesaid observations and directions, this writ

application is disposed of.