IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1798 of 2011 Pankaj Kishore SON OF LATE NAGESHWAR PRASAD RESIDENT OF MOHALLA KRISHNATOLI (PATHAK COLONY), P.S. BRAHMPURA, MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. The Secretary,Dept.Of General ADMINISTRATION, BIHAR, PATNA. 3. THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE SECRETARY AGRICULTURE (SPECIAL PROGRAMME) DEPARTMENT, BIHAR, PATNA. 5. THE UNDER SECRETARY, BIHAR, PATNA 6. THE COMMISSIONER-CUM-CHAIRMAN, GANDAK AREA DEVELOPMENT AGENCY, MUZAFFARPUR. 7. THE SECRETARY, GANDAK AREA DEVELOPMENT AGENCY, MUZAFFARPUR. ---------------------------------- 3 05/08/2011 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Gandak Area Development Agency (hereinafter called GADA). This writ application has been filed by the petitioner for issuance of a direction upon the respondents; especially the State to treat the petitioner to be a government servant since he was appointed under the compassionate head on the death of his father who was a government servant. The position in this regard will not be allowed to - 2 - be raised by the petitioner after more than two decades of service having been rendered by him under GADA because admittedly the petitioner was given compassionate appointment by the Agency which is an independent Agency created under the Agriculturist and Rural Development Act 1978. The Board of Directors had decided to offer employment to the petitioner which was accepted by the petitioner and merely because the father of the petitioner was declared as a government servant subsequently after such an appointment, the Court would not create a legal fiction by giving any direction to label the petitioner as a government servant because his appointment was made under the Agency and his services have to be governed by the Rules and Circulars of the said Agency. Petitioner will have to accept this position and cannot be allowed to change things after twenty years, more so since the benefit granted to him was due to untimely death of his father and not because of his competence or ability to get an employment under the respondents. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -