Dismissed

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

Patna HC6 Nov 2017CWJC/13806/2017

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition by the widow of a deceased railway employee seeking compassionate appointment for her married daughters. The court held she should not interfere as the widower's daughters are married and the family pension adequately supports the widow.

What did the court decide?

The writ petition was dismissed. No compassionate appointment was granted.

Smt. Kalawati Devi Vs The Union Of India and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.13806 of 2017

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=========================================================== Smt. Kalawati Devi, W/o Late Nagendra Prasad, resident of Village - Bodha Chak, Post - Mitanchak, PS - Parsa Bazar, Dist – Patna (Bihar).

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.... .... Petitioner/s

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Versus

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The Union of India through General Manager, EC Railway, Hazipur.

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The Chief Personal Officer, EC Railway, Hazipur.

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The Senior Divisional Personal Officer, Danapur.

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The Senior Divisional Railway Manager, EC Railway, Danapur.

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The Senior Divisional Operational Manager, Danapur.

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The Station Manager, EC Railway, Patna Junction.

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.... .... Respondent/s

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=========================================================== Appearance:

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For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate.

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For the Respondent/s : Mr. Anil Kumar Sinha, Advocate.

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===========================================================

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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI

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and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-11-2017

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Heard learned counsel for the petitioner and learned

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counsel for the railways.

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The claim of the petitioner for compassionate appointment, who happens to be a married daughter of the late employee Nagendra Prasad, has been rejected.

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From perusal of the order of the Central Administrative Tribunal, Patna Bench, Patna dated 17.04.2017 passed in O.A. 050/00587/2016 it is evident that the whole prayer for compassionate appointment of the married daughter was considered by the

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Patna High Court CWJC No.13806 of 2017 dt.06-11-2017

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2/2

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authorities. The late employee’s daughters are already married and settled. The widow has been sufficiently taken care of by the compensation paid to her under various heads and she is also being paid Family Pension regularly.

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Since the liability is only of the widow there is adequate provision for her to be taken care of. Compassionate appointment has been used as a methodology for providing employment to an otherwise unemployed sibling or to supplement the income of the family.

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The dismissal of the O.A. by the Tribunal, therefore, is not erroneous and does not require interference.

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Writ Petition is dismissed.

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(Ajay Kumar Tripathi, J)

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(Rajeev Ranjan Prasad, J)

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Dilip, AR

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AFR/NAFR	NAFR
CAV DATE	N/A
UploadingDate	07.11.2017
Transmission Date	N/A

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

Case brief

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

Case brief

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