Petitioner sought compassionate appointment in lieu of deceased father. High Court directed petitioner to file detailed representation and ordered authorities to render decision with reasons within six months.
Directing petitioner to file detailed representation; directing authorities to decide within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5341 of 2013
====================================================== Pravin Chandra S/O Late Akshya Kumar Sharma, resident of Bhavar Pokhar, P.S. Pirbahor, District- Patna.
.... .... Petitioner/s Versus 1. Patna Municipal Corporation, through its Mayor, Budh Marg, Patna. 2. The Municipal Commissioner, Patna Municipal Corporation, Budh Marg, Patna. 3. The Chief Accounts Officer, Patna Municipal Corporation, Budh Marg, Patna. 4. Executive Officer, Bankipur Anchal, Rajendra Nagar, Patna Municipal Corporation, Patna.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Respondent/s : Mr. V.C. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 08-04-2013 The petitioner has approached this Court under Article 226 of the Constitution of India for issuance of a writ of mandamus commanding the respondent Patna Municipal Corporation and its functionaries to appoint him on Class-IV post on compassionate ground due to death of his father- Akshya Kumar Sharma in harness on 28.07.2009.
Learned counsel for the petitioner submits that the deceased employee- Akshya Kumar Sharma was regular Class-III employee of Respondent Corporation working on the post of Surveyor and he died in harness on 28.07.2009 leaving behind him the petitioner being his son, as his heir and legal representative, who was fully dependent upon him. According to the learned counsel the scheme of compassionate appointment is applicable under the respondent Corporation and under the aforesaid scheme, the petitioner submitted his application in the prescribed proforma, for his appointment on compassionate ground, yet for one reason
Patna High Court CWJC No.5341 of 2013 (2) dt.08-04-2013
2/3
or other, the matter has been kept pending by the respondentauthorities and his claim is not being decided for the reasons best known to them.
Learned counsel for the respondents submits that in order to expedite the matter, the petitioner may be directed to file an exhaustive representation before the respondent- Commissioner of Patna Municipal Corporation raising all the pleas, which have been raised in the present proceeding and thereafter the final decision shall be taken within a reasonable period of time in accordance with law.
After having heard the parties and in view of nature of claim made by the petitioner, this Court is of the opinion that the petitioner should file a detailed representation before the respondent Municipal Commissioner of Patna Municipal Corporation along with all supporting documents in support of his claims, and by raising all the pleas, which have been raised in the present proceeding, within a maximum period of one month from today. It is ordered accordingly.
If such a representation is filed within the aforesaid period of one month by the petitioner, then the same shall be considered and decided strictly in accordance with law by the respondent no.2 and/or by the other authorized functionaries of the respondent Patna Municipal Corporation. If need be, the matter may be placed before the Compassionate Committee constituted for the aforesaid purpose. The resolution passed by the Compassionate Committee must be communicated to the petitioner by the respondent no.2. If on consideration of entire materials and decision taken by the Compassionate Committee, the respondent- authorities come to a conclusion that the claim made by the petitioner is admissible to
Patna High Court CWJC No.5341 of 2013 (2) dt.08-04-2013
3/3
him, then in that case either the respondent no.2 himself or other authorized authority of the Corporation shall be obliged to issue consequential order granting the reliefs to the petitioner admissible to him.
Entire exercise must be completed by the respondents within a maximum period of six months from the date of filing of the representation by the petitioner. It is directed that if the respondent No. 2, or other authorized authorities come to a conclusion that the claim made on behalf of the petitioner is not admissible to him, then in that case, his claim must be disposed of by a reasoned and speaking order within the aforesaid period of time.
Mr. V. C. Pathak , learned counsel appearing on behalf of the respondents has undertaken to communicate this order to all the respondents including the respondent no.2.
With the aforesaid observations and directions, the application stands finally disposed of.
(Birendra Prasad Verma, J)
BTiwary/-
2 issues framed by the court
Whether the petitioner should be directed to file a detailed representation for compassionate appointment pending before the respondent authorities.
Whether the respondent authorities are obligated to decide the compassionate appointment claim within a specified period with a reasoned order if rejected.
Pravin Chandra S/O Late Akshya Kumar Sharma
Patna Municipal Corporation and Others
BIRENDRA PRASAD VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
