Nagendra Sharma v. The Bihar State Power Holding Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3154 of 2015 ====================================================== Nagendra Sharma, son of late Ganga Sagar, resident of Village- Adfa, P.S.- Koran Sarai, District- Buxar.

.... .... Petitioner/s

Versus

1. The Bihar State Power (Holding) Company Ltd. through its Chairmancum-Managing Director, Vidyut Bhawan, Patna-1.

2. The South Bihar Power Distribution Company Ltd., through its Managng Director, Vidyut Bhawan, Patna.

3. The General Manager, South Bihar Power Distribution Company Ltd., Patna.

4. The Electrical Superintending Engineer, Bhojpur Electric Circle, Ara.

5. The Electrical Executive Engineer, Electric Supply Division, Ara.

6. The Assistant Electrical Engineer, Electric Supply Sub-Division, Jagdishpur, Bihiya, Bhojpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 25-02-2015 The prayer of the petitioner in this writ application reads as follows:

"1. That this is an application for issuance of an appropriate writ/order/direction commanding the respondent authorities to appoint the petitioner on compassionate ground immediately as his application is pending since 2011 and his father died in harness on 13.07.2010 leaving the family in an economically shattered condition."

2. Having regard to the fact that the death of his father has taken place on 13.07.2010 and the application for compassionate appointment of the petitioner is admittedly still pending consideration, as would be borne out from the letter of the Electrical Superintending Engineer, Bhojpur, Electric Circle- Ara dated 22.08.2014, this Court would direct that the competent

Patna High Court CWJC No.3154 of 2015 (2) dt.25-02-2015 2/2 authority must take a decision with regard to appointment of the petitioner on compassionate ground inasmuch as a period of more than four years have lapsed since the date of death of his father and the matter for appointment on compassionate ground also remaining pending consideration over the period of three years. The respondents must be conscious of the fact that delay in taking final decision would itself defeat the purpose of the compassionate appointment, if at all it has to be offered to the petitioner as per the rules and regulations of the erstwhile Bihar State Electricity Board now replaced by the Company.

3. This Court, therefore, without expressing any opinion on the merit of the claim of the petitioner, would simply direct the respondents to ensure that a final decision with regard to appointment of the petitioner on compassionate ground, is taken positively within a period of four months from the date of receipt of a copy of this order.

4. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U