Vickey Kumar v. The Managing Director, South Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14487 of 2019 ====================================================== Vickey Kumar, Son of Late Dinesh Singh @ Dinesh Prasad, Resident of Mohalla- Vishnupuri, P.S. Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1.

The Managing Director, South Bihar Power Distribution Company Ltd. Vidyut Bhawan, Bailey Road, Patna.

2.

The General Manager-Cum-Chief Engineer, South Bihar Power Distribution company Ltd., Vidyut Bhawan, Bailey Road, Patna. 3.

The Electrical Superintending Engineer, Patna Electric Supply Union (West) Circle, South Bihar Power Distribution Company Ltd. Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Bishwa Nath Chaudhary, Advocate Mr. Mithilesh Kumar, Advocate For the Respondent-Power Holding Company :

Mr.Kumar Priya Ranjan, Advocate Mr. Ankur Apurv Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2022 The writ petition has been filed seeking appointment on compassionate ground in view of demise of the petitioner's mother in harness while working as Messenger on 11.01.2017. The respondents have rejected the claim of the petitioner. It is the stand of the respondents that the service book of the petitioner's mother contained a record of petitioner's father's name as Dina Ram. The same has subsequently been overwritten in hand and in place of Dina Ram, the same has been made Dinesh Ram.

The petitioner, however, claims to be son of "Dinesh Singh". The respondents have therefore held that being son of

Patna High Court CWJC No.14487 of 2019(5) dt.12-12-2022 2/2 Dinesh Singh, the petitioner's claim cannot be considered for compassionate appointment as husband of the deceased employee (petitioner's mother) has got the name of Dinesh Ram recorded in her service book. In view of this variance in the name of the petitioner's father (his mother's husband), they are unable to process the claim of the petitioner in his favour. This Court does not find infirmity in the said decision of the respondent-authorities.This Court does not find the petitioner's claim to be enforceable by way of any direction in writ jurisdiction in view of the factual dispute arising out of above noted facts and circumstances.

This Court would also take notice of the fact that other dues of the petitioner have also been paid in favour of one Sanjay Kumar, who is declared to be son of the deceased, as per service book.

Writ petition is dismissed.

(Madhuresh Prasad, J) PNM U