Justice Shivaji Pandey dismissed the writ petition as not maintainable, holding that Bata India Limited is not the State or an instrumentality of the State, precluding the Court's jurisdiction to direct compassionate appointment. (Pages: 1-2.
Writ petition dismissed; no direction given for compassionate appointment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10073 of 2013
====================================================== Manoj Kumar Das Son Of Late Rameshwer Das Resident Of VillageBajalpura, P.O. AND P.S.- Teghra, District- Begusarai
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance:
For the Petitioner/s : Mr. Md. Fahianuddin, adv. For the Respondent No.1: Mr. Alok Kumar Sinha, adv. For the Respondent No.4: Mr. Indrageet Bhushan, adv. For the Respondent No.6: Mr. Manish Kumar, adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
5 22-07-2016 Heard learned counsel for the parties.
This writ petition is not maintainable as Bata India
Limited is not the State or instrumental of the State. Therefore, this Court cannot entertain this writ petition and so much so give direction to the Bata India Limited to engage the petitioner on compassionate ground.
In such view of the matter, this Court does not find any merit in this writ petition. Accordingly, this writ petition is dismissed.
(Shivaji Pandey, J)
pawan/- U
2 issues framed by the court
Whether the Court can entertain a writ petition for compassionate grounds appointment against a non-State company.
Maintainability of writ petition under Article 226 against a private company.
Manoj Kumar Das
The Bata India Ltd.
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
