In this appeal against an order keeping compassionate appointment pending, the appellant satisfied the court that a vacancy had been filled via an order dated 7.10.2017. Consequently, the High Court dismissed the appeal as no indulgence was required since the previous order was complied with.
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 Letters Patent Appeal No.1157 of 2015 In
Civil Writ Jurisdiction Case No.4077 of 2015
======================================================
Sujit Kumar son of late Braj Mohan Roy, resident of village Khaira Bazar, Post Office and Police Station Kinjer, District Arwal
... ... Appellant/s
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. ANIL KUMAR SINHA- GA9 ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-11-2017
Seeking exception to an order dated 3.4.2015 passed in
CWJC No. 4077 of 2015, this appeal has been filed under Clause 10 of the Letters Patent.
The order passed by the learned writ court reads as under:-
“After the supplementary counter affidavit is filed indicating the position, it is evident that the claim of the petitioner has been very well considered and it has been kept on hold for future consideration awaiting his turn, looking at the post available and the number of people earlier appointed on compassionate ground.
Patna High Court LPA No.1157 of 2015 dt.01-11-2017 2/3
Since the respondent authorities have followed a consistent policy of giving preference according to the date of death of an employee for appointment on compassionate ground, there is no pick and choose adopted by the respondents for such appointment.
The claim of the petitioner is that there are vacancies available under the circle is belied from the document annexed by the petitioner himself. The fact that there are no vacancies on the post on which petitioner can be appointed as on compassionate ground at this juncture is borne out.
Writ is, therefore, dismissed.
However, the claim of the petitioner will be considered as and when the vacancy arises.”
From the aforesaid it is clear that the claim of the petitioner for grant of compassionate appointment was not rejected, it was kept pending to be considered on future date based on vacancy position.
Now, from the counter affidavit filed by the respondents, we see that after examination of the claim based on the vacancy that arose, vide order dated 7.10.2017 appointment has been granted to the petitioner.
That being so, once the order dated 3.4.2015 passed in the writ petition has been complied with and compassionate appointment granted to the petitioner, no indulgence into the matter is called for. If the petitioner has any grievance subsisting,
Patna High Court LPA No.1157 of 2015 dt.01-11-2017 3/3
he may move the Department seeking revocation by the
Departmental authorities.
With the aforesaid, the appeal stands disposed of.
(Rajendra Menon, CJ)
spandey/-
( Anil Kumar Upadhyay, J)
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 03.11.2017 |
| Transmission Date |
1 issue framed by the court
Whether the Letters Patent Appeal against an order keeping compassionate appointment claim pending is permissible given subsequent satisfaction of vacancy.
Sujit Kumar son of late Braj Mohan Roy
The State of Bihar through its District Magistrate, Jehanabad
The Chief Engineer (Mechanical), Public Health Engineering Department
The Superintending Engineer, Public Health Engineering Circle
The Executive Engineer, Public Health Mechanical Division, Gaya
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
