Dismissed

Manoj Kumar v. The State Of Bihar and Ors.

Patna HC15 Jan 2015CWJC/4786/2014

Case brief

AI extract

What is this about?

Petitioner challenged denial of compassionate appointment, claiming he cared for father while Respondent No.8 did not. Court held that since deceased entered second marriage without First Wife's consent, appointment of sons of second wife was inappropriate. No immediate order against Respondent No.8

What did the court decide?

Petitioner directed to file fresh representation if any pending; Authority to decide within 3 months.

Manoj Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.4786 of 2014

¶3

====================================================== Manoj Kumar S/o Late Satya Narayan Kamat Ward No. 3, Nirmali, Post Office + Police Station Nirmali, District Supaul. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 3. The Director, Department of Agriculture, Government of Bihar, Patna. 4. The Administrator, Bihar State Agriculture Marketing Board (Dissolved), Pant Bhawan, Patna. 5. The District Magistrate, Kisanganj. 6. The S.D.O.-cum-Special Officer, Agricultural Marketing Board (Dissolved), Thakurganj, District Kisanganj. 7. The Additional Collector-cum-Senior Officer, District Establishment Section, Kisanganj. 8. Kamal Kumar Kamat S/o Late Satya Narayan Kamat, resident of village + Post Office + Police Station Nirmali, District Supaul.

¶4

.... .... Respondent/s

¶5

====================================================== Appearance : For the Petitioner/s : Mr. Md. Shamimul Hoda and Surya N. Yadav For the Respondent/s : Mr. Anil Kumar Singh, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

¶6

7 15-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

¶7

In this case, the petitioner is challenging the compassionate appointment on the ground that he had looked after his ailing father and Kamal Kumar Kamat, respondent No. 8 who is son of 1^st wife of late Satya Narayan Kamat had never looked after his father. It is the petitioner who had given all medical assistance while he was suffering from Cancer disease, so much so, he has further submitted that his father had shown his desire

¶8

Patna High Court CWJC No.4786 of 2014 (7) dt.15-01-2015

¶9

2/3

¶10

that the petitioner should be appointed in his place though the authority started procedure for appointment of the petitioner but ultimately and illegally appointed Sri Kamal Kumar Kamat.

¶11

It is not in dispute that the petitioner is son of 2^nd wife of late Satya Narayan Kamat and it is also a fact that late Satya Narayan Kamat entered into 2^nd marriage without permission of the Controlling Authority though late Satya Narayan Kamat has shown 2^nd wife as nominee of his retiral dues.

¶12

The Government employee cannot enter into 2^nd marriage without permission of the Controlling Authority and that too, a person who entered into 2^nd marriage with permission, without consent of 1^st wife, sons of daughters of 2^nd wife will not be entitled to the appointment on the compassionate appointment, they could be considered for appointment had there been approval from the 1^st wife which is absent in the present case.

¶13

In such view of the matter, this Court cannot pass any order at the peril of respondent No. 8, accordingly, this petition does not sustain. However, the Authority is directed to consider the representation if any filed by the petitioner. If any representation is pending, the authority will take decision within a period of three months from the date of receipt/production of the copy of this order.

¶14

Patna High Court CWJC No.4786 of 2014 (7) dt.15-01-2015

¶15

3/3

¶16

This order has been passed after hearing both the

¶17

parties. With the above observation/direction, this petition is disposed of.

¶18

(Shivaji Pandey, J)

¶19

Mahesh/U

Manoj Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Kyamuddin Vs The State Of Bihar

Md. Shamim Akhtar Vs The State Of Bihar

Ganesh Ram Vs The State Of Bihar

Uma Shankar Jha Vs the Punjab National Bank andORS

Subash Das Vs The Union Of India and Ors.

Jagdish Rai Vs The Bihar State Road Transport Cor. and Ors.