In a writ petition seeking compassionate appointment, the Patna High Court directed the petitioner to file a detailed representation. The respondent Municipal Commissioner was ordered to dispose of it via a reasoned order within six months.
Direction to file detailed representation within one month; authority to issue reasoned order 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.6820 of 2013
====================================================== Kumari Rekha daughter of late Ram Charan, permanent resident of VillageUsri, P.O. and P.S. Uruwa, District- Gorakhpur at present at Road No.6, Kazipur, P.O. and P.S. Kadamkuan, Town and District- Patna.
.... .... Petitioner/s Versus 1. The State Of Bihar through Principal Secretary, Urban Development Department, Government Of Bihar, Patna 2. District Magistrate, Patna Cum Chairman District Establishment Committee For Compassionate Appointment 3. The Administrator Cum Commissioner, Patna Municipal Corporation, Patna
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr.Laxmi Narayan Das For the Respondent no.1 : Mr.Bhuneshwar Pandey, AC to GA-8 For the Respondent No.3 & 4: Dr. Anand Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 16-04-2013 The grievance of the petitioner is that she applied for compassionate appointment due to sudden death of her father, namely, Ram Charan, in harness on 18.06.2006, while he was posted as Sweeper, a Class-IV post under respondent Patna Municipal Corporation, yet on one pretext or other her claim is not being disposed of.
After having heard the parties and in view of nature of claim raised in the present proceeding, the petitioner is directed to file a detailed representation with all supporting documents before the respondent Municipal Commissioner of Patna Municipal Corporation raising all the pleas, which have been raised in the present proceeding within a maximum period of one month from today.
If such a representation is filed on behalf of the petitioner with all supporting documents and the certified copy of the present
Patna High Court CWJC No.6820 of 2013 (2) dt.16-04-2013
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order within the time prescribed, then the respondent Municipal Commissioner and/or any other competent authority of Patna Municipal Corporation shall be obliged to consider and dispose of the representation of the petitioner strictly in accordance with law by a reasoned and speaking order. If on consideration of materials the respondent authority comes to a conclusion that the grievances raised on behalf of the petitioner are admissible to her, then he shall further be obliged to issue consequential order for grant of admissible reliefs to the petitioner without unnecessary delay.
Entire exercise must be completed by the respondent Municipal Commissioner and/or any other competent authority of the respondent Patna Municipal Corporation within a maximum period of six months from the date of filing of the representation by the petitioner.
The application stands disposed of with the observations and directions made above.
(Birendra Prasad Verma, J)
BTiwary/-
1 issue framed by the court
Whether the petitioner is entitled to compassionate appointment following the sudden death of her father.
Kumari Rekha
The State Of Bihar
District Magistrate, Patna
Administrator Cum Commissioner, Patna Municipal Corporation
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
