Arun Kumar Thakur @ Raj Kumar Thakur v. The Bihar State Power (Holding) Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8854 of 2019 ====================================================== Arun Kumar Thakur @ Raj Kumar Thakur Son of Late Chandraket Thakur @ Chandraket Thakur Resident of Indrapuri P.O. Kesharinagar P.S. Patliputra District-Patna 24 and Perament resident of Village-Makhi P.S. Jandaha District-Vaishali.

... ... Petitioner/s

Versus

1.

The Bihar State Power (Holding) Company Ltd. through the Managing Director, Bihar, Patna.

2.

The Engineer-in-Chief, Bihar State Power Holding Company Ltd. Bihar, Patna.

3.

The Chief Engineer Bihar State Power (Holding) Company Ltd Bihar, Patna 4.

The Superintending Engineer Bihar State Power (Holding) Company Ltd Bihar, Patna 5.

The Executive Engineer, Deptt. of Bihar State Power (Holding) Company Ltd, Electric Supply Division, Patliputra, PESU (Western) Patna. 6.

Chandan Kumar Son of Late Chandraket Thakur R/o Village-Makhi P.S. Jandaha Ditrict-Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Advocate For S.B.P.D.C. Ltd :

Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2023 No one appears on behalf of the petitioner though the counsel for respondent-Bihar State Power Holding Company Ltd. is present.

2. The prayer is for the following reliefs:- I. For issuance of writ/writs in the nature of mandamous commanding the respondent to immediately disposed of the representation dated 02.04.2019 filed by the

Patna High Court CWJC No.8854 of 2019(2) dt.11-09-2023 2/3 petitioner.

II. For commanding the respondents as to why the respondent No.6 has been illegally appointed on compassionate ground by way of producing forged and concocted document. III. For commanding the respondents to settle an enquiry in what circumstances the respondent No.6 has been appointed though the petitioner is an eldest son of the deceased employee and his mother earlier sworn an affidavit in favour of petitioner that the petitioner is a real person to hold the service of his late father and also the petitioner is looking after his whole family properly and carefully.

IV. For commanding the respondents that the wife of the deceased therefore in which circumstances she has sworn affidavit in favour of the respondent No.6.

V. For any other writ/writs, order/orders, direction/directions this Hon'ble Court may deem fit and proper as the fact and circumstances of this case.

3. A counter affidavit on behalf of the respondent is/are on record and it has been stated in paragraph-8 that the wife of the deceased informed the authorities that this petitioner has forcefully taken thumb impression on affidavit from her and she further gave application that her younger son Chandan

Patna High Court CWJC No.8854 of 2019(2) dt.11-09-2023 3/3 Kumar be appointed in place of her husband who died on 25.04.2015. He has also brought on record Annexure-C which is the affidavit of this petitioner dated 26.05.2018 which he had stated that his younger brother Chandan Kumar be given compassionate appointment. The last submission is that accordingly Chandan Kumar was appointed and now the petitioner wants cancellation of such appointment and to dispose of his representation.

4. The counter affidavit was filed on 17.01.2020.

5. In view of the aforesaid facts, this Court does not find any merit in the petition as the matter relates to compassionate appointment, the Court refrains from imposing any cost. The writ petition stands dismissed. (Rajiv Roy, J) Mkr./- U