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. The petitioner, therefore, filed the captioned writ
petition before this Court challenging the aforesaid order of the
concerned respondent authority on different grounds.
5. Learned Singe Judge vide impugned judgment
dated 13.02.2024 dismissed the writ petition filed by the
appellant/original petitioner relying upon the decision of Full
Bench in the case of Niraj Kumar Mallick v. the State of
Bihar reported in 2018(2) PLJR 951 (FB).
6. Learned counsel for the appellant/original
petitioner has assailed the said judgment mainly on the ground
that on the date of application submitted by the appellant/
original petitioner, his brother was not in service and his brother
was appointed as a Driver in Railways only on 23.04.2014. It is
further submitted that even the income of the brother of the
appellant/original petitioner is not sufficient to maintain the
entire family. Learned counsel for the appellant/original
petitioner would further submit that his brother is residing
separately and, therefore, looking to the facts and circumstances
of the present case, learned Single Judge ought to have quashed
and set aside the order passed by the concerned respondent
authority with a direction to respondent authorities to appoint
appellant/original petitioner on compassionate ground. Thus,
Patna High Court L.P.A No.228 of 2024 dt.25-08-2025
learned counsel urged that the impugned judgment be set aside
and appropriate order be passed.
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