Abhishek Shankar, v. Bihar State Food And Civil Supplies Corporation,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19910 of 2019 ====================================================== Abhishek Shankar, Son of Late Rajendra Prasad Sinha, Resident of Sinha Sadan, East Indra Nager, Kankerbag, Sampatchak P.S.- Kankerbag, DistrictPatna, at present residing at 401, Om Kunj, Vijay Nager, Rukunpura P.S.- Rupaspur, Patna 14.

... ... Petitioner/s

Versus

1.

Bihar State Food and Civil Supplies Corporation, Through Managing Director, Khadya Bhawan, Daroga Rai Path, Patna 1. 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation, Khadya Bhawan, Daroga Rai Path, Patna 1.

3.

The Chief of Administration, Bihar State Food and Civil Supplies Corporation, Khadya Bhawan, Daroga Rai Path, Patna 1. 4.

The District Manager, Bihar State Food and Civil Supplies Corporation, Nalanda, Dist. - Nalanda.

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

For the Petitioner/s :

Mr.Amrendra Narayan Rai, Advocate For the Respondent/s :

Mr.Ranjan Kumar Shrivastav, Advocate Mr. Aishwarya Nand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the parties.

2. The petitioner is son of a deceased employee of Bihar State Food and Civil Supplies Corporation, who is said to have died in harness while working as Assistant Account Officer at Nalanda District Office, on 25.02.2008. The petitioner is said to have applied for his appointment on compassionate ground. There has been delay of 11 years in approaching this Court by the petitioner for the relief which he is seeking.

3. Learned counsel for the petitioner has submitted

Patna High Court CWJC No.19910 of 2019(2) dt.13-11-2019 2/2 that there was a ban over appointments in the Corporation because of financial crunch which it was facing. The said ban has, however, now been lifted. He submits that because of the said ban and in view of the order of this court dated 25.03.2010, passed in CWJC No. 14644 of 2006, the petitioner was not pressing his claim for his appointment on compassionate ground.

4. Be that as it may, in the facts and circumstances of the case, this writ application is disposed of with an observation that let claim of the petitioner for his appointment on compassionate ground be considered on merits, if it is found that any such claim was made within reasonable period of time from the date of death of the deceased employee. It is made clear that I have not gone into the merit of the petitioner's claim and no observation made in the present order shall be treated to be an expression on the merit of the petitioner's claim for his appointment on compassionate ground.

(Chakradhari Sharan Singh, J) Rajesh/- U