Dismissed

Smt. Rinku Devi v. The Union Of India and Ors.

Patna HC24 Oct 2016CWJC/14240/2016

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition challenging a Central Administrative Tribunal order rejecting a claim for compassionate ground appointment. The court held that as the petitioner is married, she is not dependent on her deceased mother, with no merit warranting interference.

What did the court decide?

The writ application is dismissed upholding the rejection of the claim for compassionate appointment.

Smt. Rinku Devi Vs The Union Of India and Ors. — Pension and Retirement Benefits | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.14240 of 2016 =========================================================== Smt. Rinku Devi, daughter of Late Jagia Devi, an Ex- Track Man, Rail Danapur, resident of Dalluchak (Devi Asthan), P.S.- Khagaul, District- Patna, Pin-801105. .... .... Petitioner/s Versus 1. The Union of India. 2. The Divisional Railway Manager, Danapur, Patna. 3. The Competent Authority, Eastern Central Railway Manager, Danapur. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Binay Kant Mani Tripathi, Advocate. Mr. Shivjee Pandey, Advocate. Mr. Sanjeeva Kumar Sinha, Advocate. For the Respondent/s : Mr. Bindhyachal Singh, Advocate. Mr. Manish Prakash, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 24-10-2016

¶3

Heard learned counsel for the parties.

¶4

The challenge in the present writ application is to an order dated 30^th of October, 2015 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short “the Tribunal”) in R.A. No. 050/00036 of 2015 whereby, a Review Application for review of the order dated 11^th of August, 2015 passed in O.A. No. 050/00517 of 2014 declining the claim of the petitioner for appointment on compassionate grounds was declined.

¶5

The mother of the petitioner was working as

¶6

Patna High Court CWJC No.14240 of 2016 dt.24-10-2016

¶7

2/3

¶8

Trackman in the Railways. She died on 15^th of July, 2010 and after her death, the petitioner, her daughter, sought appointment on compassionate grounds. The petitioner is married and, therefore, the reasoning given by the respondents in rejecting her claim for compassionate appointment is that there is none in the family of the deceased for which compassionate appointment is required.

¶9

Initially, the Original Application challenging the said order came up for hearing before the Tribunal on 11^th of August, 2015. The said Original Application was dismissed when none appeared for the petitioner. The learned Tribunal recorded that compassionate appointment is not a matter of right as per the established law in the case reported as Umesh Kumar Nagpal Vs. State of Haryana and others, (1994) 4 SCC 138 and since the claim of the applicant for appointment on compassionate grounds has been rejected on merits, therefore, the Tribunal is not in a position to give any directions.

¶10

Admittedly, father of the petitioner died earlier and her mother died in the year 2010 as Trackman. The petitioner is a married daughter. In view of her marriage, she cannot be said to be dependent upon her mother.

¶11

In view of the said fact, we do not find any error in the order passed by the Tribunal which may warrant interference in

¶12

Patna High Court CWJC No.14240 of 2016 dt.24-10-2016

¶13

3/3

¶14

the present writ application.

¶15

The writ application is, thus, dismissed.

¶16

The writ application is, thus, dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date28.10.2016.
Transmission
Date

Smt. Rinku Devi v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Rinku Devi v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pramod Chandra Mannu Vs The State Of Bihar and Ors.

Sohan Prasad Vs The United Bank Of India and Ors.

Manju Devi and Anr. Vs Most. Girija Devi and Ors.

The State Of Bihar and Ors. Vs Satyendra Prasad Sinha

The Union Of India and Ors. Vs Krishna Kumar Sinha

Rajju Sahni Vs The State Of Bihar and Ors.