Patna High CourtCWJC/13806/2017dismissed

Smt. Kalawati Devi v. The Union Of India And ORS

2017-11-06Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13806 of 2017 =========================================================== Smt. Kalawati Devi, W/o Late Nagendra Prasad, resident of Village - Bodha Chak, Post - Mitanchak, PS - Parsa Bazar, Dist - Patna (Bihar). .... .... Petitioner/s

Versus

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

2. The Chief Personal Officer, EC Railway, Hazipur.

3. The Senior Divisional Personal Officer, Danapur.

4. The Senior Divisional Railway Manager, EC Railway, Danapur.

5. The Senior Divisional Operational Manager, Danapur.

6. The Station Manager, EC Railway, Patna Junction. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate. For the Respondent/s : Mr. Anil Kumar Sinha, 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: 06-11-2017 Heard learned counsel for the petitioner and learned counsel for the railways.

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

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

Patna High Court CWJC No.13806 of 2017 dt.06-11-2017 2/2 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.

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.

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

Writ Petition is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.11.2017 Transmission Date N/A