Pratima Kumari v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14219 of 2016 =========================================================== Pratima Kumari Daughter of Late Dhoom Raj Resident of village / Post Gunsej P.S. Dinara, District - Rohtas ( Bihar ) .... .... Petitioner/s

Versus

1. The Union of India through the General Manager, East Central Railway, Hajipur, District Vaishali ( Bihar )

2. The Divisional Railway Manager, East Central Railway, Danapur, P.O. Khagaul, District Patna ( Bihar )

3. The Senior Divisional Engineer ( Co - Ordination ), East Central Railway, Danapur, P.O. Khagaul, District - Patna ( Bihar )

4. The Senior Divisional Personnel officer, East Central Railway, Danapur, P.O. Khagaul, District Patna ( Bihar )

5. The Senior Divisional Financial Manager, East Central Railway, Danapur, P.O. Khagaul, District - Patna ( Bihar ) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. M.P. Dixit, Advocate Mr. S.K. Dixit, Advocate Mr. Sanjay Kumar Choubey, Advocate Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. D.K. Sinha, Sr. Advocate Mr. Kumar Manish, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-03-2017 Heard counsel for the petitioner and the learned senior counsel for the respondents.

Compassionate appointment is not a mode of finding employment for unemployed or otherwise unemployable children of the deceased employee.

The claim for compassionate appointment has been

Patna High Court CWJC No.14219 of 2016 dt.18-03-2017 2/2 considered in totality and then the authorities have rejected the claim holding that the present petitioner, who happens to be the married daughter of the employee who died four days before his date of superannuation. All his post retiral dues, pension etc. have been settled in favour of the dependents. The death had happened in the year 2008. The narration of facts is basically a pointer to the fact that it is a desperate measure to find employment and not to meet and mitigate immediate financial crisis created due to death of bread earner.

Refusal of the Central Administrative Tribunal to interfere with the decision of the Railway authorities not to appoint the petitioner on compassionate ground, cannot be said to be illegal or irrational.

The writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Arjun/- U