Dismissed

Jeevan Kumar Singh v. The State Of Bihar and Ors.

Patna HC12 Jul 2013CWJC/13116/2013

Case brief

AI extract

What is this about?

In a writ petition, the Patna High Court denied compassionate appointment as the immediate crisis from the father's death had subsided after ten years. The petitioner was granted liberty to approach the competent authority for dependent family pension separately.

What did the court decide?

Denied compassionate appointment; granted liberty to file fresh representation for dependent family pension to be disposed expeditiously.

Jeevan Kumar Singh Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2013)

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Patna High Court CWJC No.13116 of 2013 (2) dt.12-07-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13116 of 2013

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Jeevan Kumar Singh S/O LATE ANIL KUMAR SINGH R/O VILLAGE & POST OFFICE SONPAI P.S.-JAMUI, DISTRICT- JAMUI, AT PRESENT C/O RAMBAHADUR SINGH SHIVPURI, SATSANG ROAD SAHARSA

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.... .... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCES BIHAR PATNA

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CHIEF ENGINEER DEPARTMENT OF WATER RESOURCES BIRPUR UNDER DISTRICT SUPAUL

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SUPERINTENDING ENGINEER DEPARTMENT OF WATER RESOURCES BIRPUR UNDER DISTRICT SUPAUL

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EXECUTIVE ENGINEER WESTERN BARRAGE KUNOLI BIRPUR UNDER DISTRICT SUPAUL

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DISTRICT MAGISTRATE SUPAUL

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Diwakar Prasad Singh For the Respondent/s : Mr. Pawan Kr. Mishra

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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12.07.2013 The present petition has been filed with a prayer for direction to the respondents to grant compassionate appointment to the petitioner as well as for payment of dependent family pension.

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2. Learned counsel for the petitioner submits that

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as far as compassionate appointment is concerned, consequent upon death of his father on 11.12.2003, an application had been filed by the petitioner within time as evident from the acknowledgement dated 04.08.2007 contained in Annexure-4. Attention is also invited to the petitioner’s application dated 04.07.2011 for compassionate appointment and for dependant family pension (Annexure-

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Patna High Court CWJC No.13116 of 2013 (2) dt.12-07-2013

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6). Learned counsel for the petitioner then invites attention to the letter no. 684 dated 21.07.2011 of the Executive Engineer, Western Barrage Kunoli Birpur, Supaul (Annexure-8), informing that relevant documents including service book relating to the deceased father of the petitioner had been destroyed in the flood of August, 2008 and were thus untraceable and the petitioner was requested to furnish details in that regard, if available with him.

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3. This Court, however, finds that the acknowledgment dated 4.08.2007 merely speaks of an application with enclosures without specifying that the same was in respect of compassionate appointment. Moreover, the acknowledgment is in the name of Sushila Devi and not the petitioner which itself suggests that no application for compassionate appointment had been received from the petitioner. The petitioner’s application dated 04.07.2011 does not also contain reference of any earlier application much less as claimed to have been filed on 04.08.2007.

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4. On the other hand the letter dated 21.07.2007 of the Executive Engineer categorically states that the petitioner’s application for compassionate appointment having been filed on 04.07.2011 was beyond time and could not be considered.

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5. In the above facts as also that already a decade

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Patna High Court CWJC No.13116 of 2013 (2) dt.12-07-2013

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has passed since the death of the petitioner’s father and the immediate crisis resulting from the death cannot be said to be still subsisting. This Court does not find it a fit case for grant of relief in the matter of claim of compassionate appointment.

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6. As regards the claim for dependant family pension, the petitioner is granted liberty to approach the respondent no.4 with a fresh representation in that regard which shall be considered and disposed of on its own merits by a speaking order in accordance with law expeditiously and if possible within a period of 3 months from the date of receipt/production of the copy of this order.

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7. The writ petition accordingly stands disposed of.

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Fahad.

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( Vikash Jain, J. )

Jeevan Kumar Singh v. The State Of Bihar and Ors.

Case brief

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Jeevan Kumar Singh v. The State Of Bihar and Ors.

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