Dipak Kumar Singh @ Deepak Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4080 of 2021 ====================================================== Dipak Kumar Singh @ Deepak Kumar Singh Son of Late Kashi Naresh Singh Resident of Village- Sandha, Newaji Tola, Police Station- Muffasil, DistrictSaran at Chapra. ... ... Petitioner/s

Versus

1.

The Union of India.

2.

The Secretary Defence Defence Department, New Delhi- 110001. 3.

The Lt. Col., Senior Record Officer Sena Seva Corps Abhilekh (Dakshin), Office of The ASC Records (South), Bangalore- 560007. 4.

The Lt. Col., Asst Record Officer Sena Seva Corps Abhilekh (Dakshin), Office of The ASC Records (South), Bangalore- 560007. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Dr. K. N. Singh (ASG) Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following relief(s):- "(I) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner for his appointment on compassionate ground as his father, who was working as a Havaldar Clerk at Rajauri 524 ASC Battalion 56 APO, Military died in harness on 15.05.2003 in Lucknow Command Hospital during his treatment, leaving behind his wife and two sons, namely, Dipak Kumar Singh (petitioner) and Rupak Kumar Singh but in spite of re-

Patna High Court CWJC No.4080 of 2021 dt.14-02-2022 2/3 peated request of the petitioner an dhis mother as well as in spite of recommendation by the Zila Sainik Kalyan Padadhikari, Chapra, Bihar, the petitioner ha snot yet been appointed on compassionate ground, which is causing great difficulties to the petitioner and his entire family members.

(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to appoint the petitioner on compassionate ground on class III post in military service as after death of his father, there is no one to look after the family economically and in spite of moving pillar to post, no direction for compassionate appointment of the petitioner has been taken even though the father of the petitioner served the nation for more than 22 years.

(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to reconsider and appoint the petitioner on compassionate ground as after the death of his father, the petitioner is only entitled to be considered to be appointed on compassionate ground as per the provision/circular for compassionate appointment. (iv) For issuance of any other writ/writs, order, orders, direction/directions for which the petitioner would be entitled in the facts and circumstances of the present case."

Today, learned counsel for the petitioner could not apprise to this Court as to whether this Court has jurisdiction or not?

Patna High Court CWJC No.4080 of 2021 dt.14-02-2022 3/3 Having regard to the pleadings, it is evident that petitioner has an appropriate remedy before the jurisdictional Armed Forces Tribunal in view of Section 17 of the Armed Forces Tribunal Act, 2007. Accordingly, the present petition stands disposed off with liberty to the petitioner to file necessary application/petition before the Jurisdictional Armed Forces Tribunal. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A