The Patna High Court dismissed two writ petitions concerning claims for compassionate appointment arising from an internal family dispute between step-brothers, directing petitioners to seek relief in a civil court.
Petitions dismissed; petitioners relegated to a civil court of competent jurisdiction.
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.11988 of 2014
=========================================================== 1. Md. Nessar Ahmad, Son of Late Md. Rauf Ansari, Resident of village - Maneri Bigha, P.S. Mahandia, District - Arwal
.... .... Petitioner/s Versus
.... .... Respondent/s
with
=========================================================== Civil Writ Jurisdiction Case No. 13616 of 2015 =========================================================== 1. Firoj Ansari, Son of Late Abdul Rauf Ansari, Resident of Village - Maneri Bigha, Post - Usri, P.S. - Mehandia, District - Arwal (Bihar).
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : (In CWJC No. 11988 of 2014) For the Petitioner/s : Mr. Jitendra Pandey For the Respondent/s : Mr. GP5- RAJIV ROY (In CWJC No. 13616 of 2015) For the Petitioner/s : Mr. Shakib Ayaz For the Respondent/s : Mr. P.K. SINGH- SC12 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-11-2015
Patna High Court CWJC No.11988 of 2014 dt.04-11-2015
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There is a war on within the family between two brothers, who are said to be step brothers. Petitioners claim their right for compassionate appointment.
After the Court heard both the parties in quite a detail, matter was adjourned with an observation that if they resolve the dispute within the family and come back with an agreed consensus amongst themselves, the Court may consider passing appropriate orders but there is nothing of that kind emanating despite the adjournments granted twice over.
A supplementary affidavit on behalf of the petitioner of CWJC No. 11988 of 2014 has been filed trying to make out a case as to how intervener in his case is trying for family arrangement, looking at the distribution of wealth amongst the siblings/ legal heirs.
The question to be decided is whether this Court is willing to pass an order ignoring the right or claim made by the step brother. Even otherwise compassionate appointment is not a fundamental or constitutional right but is a very weak right. Obviously, the family is not in a position to reconcile or resolve the dispute amongst themselves as to who should be that member of the family who can take care of himself or his near dependents.
Be that as it may, both writ applications in the above circumstances are dismissed.
Patna High Court CWJC No.11988 of 2014 dt.04-11-2015
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Let the petitioners be relegated to a civil court of competent
jurisdiction.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
U
3 issues framed by the court
Whether the Court should pass an order ignoring the claim made by the step brother in a petition for compassionate appointment.
Whether compassionate appointment constitutes a fundamental or constitutional right.
Who is the eligible family member entitled to the compassionate appointment amidst family dispute.
Md. Nessar Ahmad
Firoj Ansari
The State of Bihar
District Magistrate, Arwal
District Superintendent of Education, Arwal
District Education Officer, Arwal
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
