Petitioner sought compassionate appointment after her husband's death. The court held that since another family member was already in service, the benefit could not be granted, dismissing the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13124 of 2013
====================================================== Kaushalya Devi W/O Late Rajendra Shaw Resident Of C/O New Bus Stand, Mithapur, Road No. 2, Sanjay Nagar, Patna. .... .... Petitioner Versus 1. The Regional Manager, Life Insurance Corporation Of India, East Middle Regional Office, Jeevan Deep, Exhibition Road, Patna. 2. Senior Divisional Manager, L.I.C. Of India Divisional Officer, Fraser Road, Patna. 3. Manager, (P & Ir), L.I.C. Of India, Patna Divisional Office-I, Jeevan Prakash Mazharul Haque Path, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Durga Narayan, Adv. Mr. Mohit Raj, Adv. Mr. Ankit Kund, Adv. For the Respondent/s : Mr. Rajeev Ranjan Prasad, Adv. Mr. Nilanjan Chatterjee, Adv. CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 09-11-2016 Heard learned counsel for the petitioner and the learned counsel for LIC. The petitioner is claiming his appointment on compassionate ground on account of the fact that her husband has died in harness on 21.7.2008.
The L.I.C. has refused to give such benefit as the Scheme of compassionate appointment of L.I.C. provides that if any family member of the deceased employee is already in service, second person cannot claim the benefit. In the present case, the younger son of the petitioner is already in service of Government of India and she wants appointment for the first son, which cannot be
Patna High Court CWJC No.13124 of 2013 (6) dt.09-11-2016
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conferred in view of scheme of compassionate appointment. The counsel for the petitioner has relied upon certain provision of scheme which is not permissible as the whole Scheme has to be read in entirety and not in isolation which itself provides that if any member of the deceased employee is in Government service, no further benefit can be given. This issue has already been concluded by this Court in C.W.J.C.No. 10236 of 2013.
In such view of the matter, this Court does not find any merit in the present application. This application is, accordingly, dismissed.
(Shivaji Pandey, J)
Surendra/-
U
3 issues framed by the court
Whether a family member can claim compassionate appointment when another family member is already in government service.
Whether the Scheme of compassionate appointment must be read or not read in entirety.
Whether the judgment in C.W.J.C.No. 10236 of 2013 is applicable to the present application.
Kaushalya Devi
Life Insurance Corporation of India
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
