Petitioner sought writ for compassionate appointment after father's death. Court held no entitlement as widow already received package and petition was barred by laches.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5721 of 2013
====================================================== Raj Kishore Ram S/o Late Brij Bihari Ram, R/o village- Banjaraha, P.O. +P.S.- Halthi, District- Balliah .... .... Petitioner/s Versus 1. The Union of India through its Secretary, Department of Finance, New Delhi. 2. The Governor, Reserve Bank of India, Mumbai 3. The Chief General Manager, Reserve Bank of India, Department of Administrative and Personnel Management, Central Office, Central Office Building, Shahid Bhagat Singh Marg, Mumbai-400001 4. The Manager (Administration), Reserve Bank of India, Patna Branch, South Gandhi Maidan Patna-800001 5. The Assistant Manager (Recruitment), Reserve Bank of India, Patna, Department & Personnel Management, Reserve Bank of India, Patna Branch, South Gandhi Maidan, Patna-800001 .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s Mr. Prashant Kumar, Advocate Mr. Amresh Kumar Sinha, Advocate For the Respondent No. 1 Mr. N.A. Shamsi, Asstt. Solicitor General For the Respondent Nos. 2 to. 5: Mr. Kaushal Kishore Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 10-04-2013 Heard the parties. The petitioner, being aggrieved by the order/communication dated 27th October, 2008 (Annexure-4) issued by the respondent no. 4 rejecting his claim for compassionate appointment, has approached this Court under Article 226 of the Constitution of India in the present proceeding. Learned counsel for the petitioner submits that the father of the petitioner, namely, Brij Bihari Ram died in harness in the year 2006, while he was working in the cadre of Majdoor with
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effect from 23rd October, 1986 under the respondent-Reserve Bank of India (in short Bank), Patna Branch, Patna. He further submits that while rejecting the claim of the petitioner for compassionate appointment valid reasons have not been disclosed by the respondent-Bank, therefore, impugned order dated 27.10.2008 is not sustainable in the eye of law.
Learned counsel appearing on behalf of the respondent-Bank and its functionaries has opposed the prayer and has submitted that after the death of the father of the petitioner in harness in the year 2006, his mother received a compassionate package by virtue of the order dated 1.2.2007 issued by the competent authority of the respondent-Bank. It is highlighted that once the mother of the petitioner, being widow of the deceased employee, has accepted the compassionate package, then there is absolutely no question for grant of compassionate appointment to the petitioner. He has also drawn attention of this Court that the impugned order of rejection of the claim of the petitioner was passed on 27th October, 2008 and the present writ petition has been filed after delay of more than four years on 14.3.2013.
After having heard the parties, this Court is of the opinion that the order dated 27th October, 2008 (Annexure-4) rejecting the claim of the petitioner for compassionate
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appointment cannot be legally faulted as, admittedly, the mother of the petitioner has received compassionate package from the respondent-Bank. Further, the present writ petition suffers from the vices of undue delay and laches. The impugned order rejecting the claim of the petitioner was passed on 27th October, 2008. There is no valid explanation offered by the petitioner for approaching this Court after delay of more than four years.
For the reasons recorded above, this application has to fail. It is, accordingly, dismissed.
RPS/-
(Birendra Prasad Verma, J)
2 issues framed by the court
Whether petitioner is entitled to compassionate appointment after widow received compassionate package.
Whether writ petition barred by laches and undue delay.
Raj Kishore Ram
Union of India
Governor, Reserve Bank of India
Chief General Manager, Reserve Bank of India
Manager (Administration), Reserve Bank of India
Assistant Manager (Recruitment), Reserve Bank of India
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
