Bhola Kumar v. The Municipal Commissioner And ANR
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18817 of 2013 =========================================================== Bhola Kumar Son of Late Sitaram Sah, Resident of Village/Mohalla- Dharhara, Near Tanki, Post- Dharahara, District- Arrah (Bhojpur). .... .... Petitioner/s
Versus
1. The Municipal Commissioner, Arrah, Municipal Corporation, Arrha (Bhojpur).
2. Senior Accounts Officer, Arrah Municipal Corporation, Arrah. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Jain For the Respondent/s : Mr. Santosh Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking relief for compassionate appointment, as his father died in harness while working in Arrah Municipal Corporation.
As per the claim of the petitioner, his mother is first wife of his father, Late Sitaram Sah.
It appears that Sitaram Sah entered into two marriages and the name of his first wife is Urmila Devi, but nowhere the petitioner has said about the second wife but from the averment it appears that Sitaram Sah has two wives.
As the petitioner is claming being only one son of her
Patna High Court CWJC No.18817 of 2013 dt.17-02-2016 2/2 mother, he if so advised, may file an application before the Commissioner, Arrah Municipal Corporation who will examine the case of the petitioner and will also give the notice to the second wife and her son/daughter and after hearing all the parties, will decide the case of the petitioner with regard to his right for compassionate appointment within six months from the date of receipt of representation. If the Commissioner would find that everything goes in favour of the petitioner, he will take decision with regard to his compassionate appointment in accordance with law. Accordingly, this petition is disposed of.
(Shivaji Pandey, J) Mahesh/- U