Dhirendra Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11250 of 2017 ========================================================== Dhirendra Kumar, Son of Late Umesh Prasad Singh, Resident of VillageLaxmipur, P.O.- Lohchi, P.S.- Haveli Kharagpur, District- Munger. .... .... Petitioner

Versus

1. The Union of India through General Manager, Eastern Railway, Fairly Place 17 Netaji Subhash Road Kolkatta- 700001 (West Bengal).

2. The Divisional Rail Manager, Eastern Railway, Malda- 732101.

3. The General Manager (Personnel), Eastern Railway, Fairly Place 17 (Netaji Subhash Road Kolkatta- 700001 West Bengal.

4. The Senior Divisional Personnel Officer, Eastern Railway, Malda811214.

5. The Chief Works Manager, Eastern Railway, Jamalpur- 811214.

6. The Work Shop Personnel Officer, Eastern Railway, Jamalpur812214.

7. Smt. Sunita Devi, W/o Late Umesh Prasad Singh, Ex J.E.-II, Resident of Village- Laxmipur, P.O.- Lohchi, Distt- Menger (Bihar). .... .... Respondents ========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate Mr. Satish Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, Advocate Mr. Akash Keshav, Advocate ========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 11-09-2017 Heard learned counsel for the petitioner and learned counsel for the respondents-Railways. The order dated 23rd May, 2017 passed in O.A. No. 325/2017 by Central Administrative Tribunal, Patna Bench,

Patna High Court CWJC No.11250 of 2017 dt.11-09-2017 Patna, is a subject matter of challenge.

The Tribunal has dismissed the O.A. on two grounds. One that earlier decision has been taken rejecting the prayer of compassionate appointment of the third son, that rejection was never challenged by the petitioners. Secondly the other aspect which has been taken note of is that two sons of the erstwhile employee are already in employment, the mother is getting family pension. There are no apparent financial liabilities except that third son is still unemployed. Compassionate appointment is not created with the object of providing employment to otherwise unemployable or unemployed children of a government servant. Death happened in 2010.

The Central Administrative Tribunal, Patna Bench, Patna has committed no wrong in dismissing the O.A. The Writ Application is also dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.2017 Transmission Date NA