Santosh Kumar v. Food Corporation Of India Through The General Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3785 of 2018 ====================================================== Santosh Kumar Son of Late Vimnal Kumar Singh Resident of Village and P.O. Tilak Tajpur, P.S. Runnisaidpur, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

Food Corporation Of India Through The General Manager 2.

The General Manager, Food Corporation of India, HeadQuarter, New Delhi. 3.

The Deputy General Manager CLO, Food Corporation of India, Headquarter, New Delhi.

4.

The General Manager Personnel, Food Corporation, of India, Zonal Office E, Kolkata.

5.

The Assistant General Manager General, Food Corporation of India, Zonal office E, Kolkata.

6.

The General Manager Region Food Corporation of India, Regional Office, Patna.

7.

The Assistant General Manager Personnel, Food Corporation of India, Regional Office, Patna.

8.

The Area Manager, Food Corporation of India, District Office, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Adv.

For the Respondent/s :

Mr. Prabhakar Tekriwal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned counsel for the Food Corporation of India.

2. The present writ petition has been filed directing the respondents authorities to appoint the petitioner on compassionate ground on the ground that father of the petitioner died in harness on 08.04.2010 during the service period while he was working as Head Guard, Food Corporation of India, Chanpatia in the District of West Champaran (Bihar).

3. Learned counsel for the Food Corporation of India submits that a detailed counter-affidavit has been filed in which

Patna High Court CWJC No.3785 of 2018(5) dt.28-11-2023 2/2 the stand has been taken by the F.C.I. that the Circular of Central Government empowers only 5% vacancy of direct recruitment quota can be filled up by way of compassionate appointment as there was no vacancy available. The roaster which is maintained in the Zonal Office for appointment on compassionate ground, petitioner's name has been empanelled at Serial No. 460 (C). It has also been mentioned that whenever vacancy will arise, as per the seniority of petitioner, he will be appointed on compassionate ground according to the rules.

4. Counsel further submits that the petitioner is matriculate at present and as per the decision made by the officials for appointment on compassionate ground that the petitioner's name was figured on Serial No. 460(C) which is Annexure-A to the supplementary counter-affidavit of this writ petition. Counsel submits that today the position is in the Serial No. 390 as mentioned in Annexure-A.

5. As such, that case of petitioner has been duly taken care by the Food Corporation of India and his name is in the panel list, hence there is no case of the petitioner.

6. In this background, the present writ petition is hereby dismissed.

(Dr. Anshuman, J.) Prakashmani/- U