The High Court dismissed a writ petition filed by the petitioner seeking compassionate appointment as the son of a deceased employee born to the first wife, rejecting the claim due to sibling rivalry and citing a Division Bench order on procedural standing.
The writ application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.637 of 2010
----------Heard learned counsel for the petitioner
and the State.
The petitioner is stated to be the son of the deceased employee born from the first wife aggrieved by the respondents proposing to consider the claim for such appointment from the son born out of the marriage of the deceased to the second woman.
The Court can do no better then refer to
the judgment of a Division Bench in 2004(2) PLJR 453 (Vishal Kumar Vs. The State of Bihar & Ors.), holding at Paragraph4 that in a case of sibling rivalry there is no obligation to provide compassionate appointment. In any event of the matter the competing claimant is not even a party to the writ application.
The writ application is dismissed.
P. Kumar
( Navin Sinha, J.)
2 issues framed by the court
Whether compassionate appointment is obligatory when there is sibling rivalry and a competing claimant exists.
Whether the procedural standing of the petitioner is adequate to adjudicate the claim.
Colour shows how this judgement treated each authority
Vishal Kumar Vs. The State of Bihar & Ors.Relied on¶11
2004(2) PLJR 453 (Vishal Kumar Vs. The State of Bihar & Ors.)
1 provisions across 1 enactments
Sanjay Kumar
The State Of Bihar
The Director General Of Police, Bihar
The Superintendent Of Police, Laheriasarai
The Seargent Major, Laheriasarai
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
