Petitioner sought compassionate appointment after his father's death; the company rejected it citing its policy barring such appointments when another family member is in government service. Court declined to interfere with rejection.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5437 of 2023
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Chandan Kumar Son of Late Nirmal Kumar @ Nirmal Kumar Paswan Resident of Village- Anait Chakia, P.S.- Udwant Nagar, District- Bhojpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. Kunal Tiwary, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 10-05-2023 Heard Learned Counsel for the petitioner and the learned Counsel for the respondents.
The petitioner is aggrieved by and dissatisfied with the communication as contained in letter no. 158 dated 23.09.2022 issued by Under Secretary, South Bihar Power Distribution Company Limited (hereinafter referred to as the ‘company’), copy of which has been made available to the petitioner. According to this communication, the case of the petitioner for compassionate appointment has been considered and in case of such consideration, it has been found that as per
Patna High Court CWJC No.5437 of 2023(2) dt.10-05-2023 2/3
the Company’s policy only in such cases compassionate appointment is to be provided where any of the members of the family of the deceased employee is not in the employment of a government or in the semi-government service. In case of the petitioner, it has been found that his two brothers are in government service.
Learned Counsel for the petitioner submits that the decision towards compassionate appointment is to be taken by a Committee. However, learned counsel for the respondents submits that in this case the application of the petitioner was placed before the competent authority and upon finding that his two brothers are already in government service and the company’s policy does not permit appointment on compassionate ground to another sibling, in such circumstance the application of the petitioner has been rejected.
Learned Counsel has pointed out the government’s policy in this regard which has been discussed in the judgment of the Hon’ble Full Bench in the case of Neeraj Kumar Mallick vs. The State of Bihar and Ors. reported in (2018) 2 PLJR 951.
Having regard to the facts and circumstances of the case and the submissions noted hereinabove, there being no
Patna High Court CWJC No.5437 of 2023(2) dt.10-05-2023 3/3
denial of the fact that two brothers of the petitioners are engaged in Government service, this Court finds no reason to interfere with the impugned order as contained in Annexure ‘7’ to the writ application.
This writ application is thus dismissed.
(Rajeev Ranjan Prasad, J)
ravikr/-
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1 issue framed by the court
Whether compassionate appointment could be granted to petitioner despite two brothers already being in government service under company policy.
Colour shows how this judgement treated each authority
Neeraj Kumar Mallick vs. The State of Bihar and Ors.Referred
(2018) 2 PLJR 951
Chandan Kumar
South Bihar Power Distribution Company Ltd.
Chairman-cum-MD, Bihar State Power Holding Company Ltd.
Managing Director, South Bihar Power Distribution Company Ltd.
Sub-ordinate Secretary, South Bihar Power Distribution Company Ltd.
Electrical Superintendent Engineer, Electricity Supply Anchal, Bhojpur (Ara)
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
