Dismissed

Ram Nandan Prasad v. The State Of Bihar and Ors.

Patna HC12 Apr 2013CWJC/6764/2013

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a compassionate appointment claim filed by the petitioner, the survivor of a deceased State of Bihar employee. The High Court held the claim time-barred, noting the application was filed ten years after the death, and ruled compassionate appointment is not a hereditary right that weakens over time.

What did the court decide?

The petition challenging the rejection of the compassionate appointment application was dismissed.

Ram Nandan Prasad Vs The State Of Bihar and Ors. — Labour and Industrial Disputes | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6764 of 2013

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====================================================== Ram Nandan Prasad S/o late Yadu Yadav, R/o village- Bhadasara Tola Tad Par, P.O.- Bhadasara, P.S.- Pali Kako, District- Jahanabad .... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary, Department of Power & Energy, Bihar, Patna.

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1. The Chairman, B.S.E.B, Vidyut Bhawan, Baily Road, Patna 3. The Chief Account Officer, B.S.E.B., Vidyut Bhawan, Baily Road, Patna

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1. The Joint Secretary, B.S.E.B., Vidyut Bhawan, Baily Road, Patna 5. The General Manager-cum-Chief Engineer, Area Electricity Board, Central Electricity, Bihar Patna

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1. The General Manager-cum-Chief Engineer, Central Electricity Supply Region, Patna

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1. The Electric Superintendent Engineer, Patna Electricity Anchal, Patna 8. The Electricity Executive Engineer, Electricity Supply Division, Masaurhi, Patna

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1. The Electricity Assistant Engineer, Electricity Supply Division, Masaurhi, Patna.

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1. The Accountant Genera, Bihar, Patna .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar Singh, Advocate For the Respondent No. 2 to 9 : Mr. Ranjit Sinha, Advocate For the Respondnet No. 10 Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 12-04-2013 Heard the parties. By the impugned order/communication dated

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28.9.2012 (Annexure-1) issued by the respondent no. 6 claim for compassionate appointment made on behalf of the petitioner has been rejected.

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Learned counsel for the petitioner submits that the father of the petitioner, namely, Yadu Yadav was a permanent Class IV employee of the respondent Bihar State Electricity Board

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Patna High Court CWJC No.6764 of 2013 (2) dt.12-04-2013

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working on the post of Lohar, and he died in harness on 24.8.2003 leaving behind him his five sons as heirs and legal representatives. He contends that after resolution of the dispute amongst five sons of the deceased employee for claiming compassionate appointment, the petitioner finally submitted his application for compassionate appointment, which has been rejected arbitrarily by the impugned order as time barred.

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After having heard the parties and on consideration of the materials available on record, this Court finds that claim for compassionate appointment made on behalf of the petitioner has been rejected by the impugned order as time barred. Admittedly, the death of the father of the petitioner had taken place on 24.8.2003. Apparently, there was some dispute amongst the five sons of the deceased employee as to who should claim for compassionate appointment, and only after resolution of the dispute amongst all the five brothers, the petitioner appears to have filed his application for compassionate appointment after expiry of the period of limitation of five years. No material has been brought on record by the petitioner to show that the claim for compassionate appointment in the prescribed proforma was filed by him within the period of limitation of five years. Therefore, the impugned order dated 28.9.2012 (Annexure-1) cannot be legally

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Patna High Court CWJC No.6764 of 2013 (2) dt.12-04-2013

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faulted.

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Furthermore, this Court is of the opinion that if the petitioner and his family could survive for about ten long years after the death of the deceased employee without getting compassionate appointment, then there is absolutely no question of interference at this stage with the impugned order and for issuance of any direction for granting him compassionate appointment. I am further of the opinion that the compassionate appointment cannot be claimed as a matter of right or by way of inheritance. Compassionate appointment is provided to the dependents of the deceased employee by way of compassion because of sudden death of bread earner. Degree of compassion weakens gradually with the long passage of time and accordingly, claims of compassionate appointment stands reduced.

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For the reasons recorded above, this application has to fail. It is, accordingly, dismissed.

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RPS/-

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(Birendra Prasad Verma, J)

Ram Nandan Prasad v. The State Of Bihar and Ors.

Case brief

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Ram Nandan Prasad v. The State Of Bihar and Ors.

Case brief

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