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Patna High CourtCWJC/15481/2013dismissed

Anil Kumar v. The Union Of India And ORS

2015-04-28Mr. Justice Rajendra Kumar Mishra,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15481 of 2013 =========================================================== Anil Kumar, S/O Late Bhagwan Das, resident of Mohalla- Chitrakut Nagar, P.S.- Danapur, District- Patna. .... .... Petitioner.

Versus

1. Union of India.

2. Mandal Rail Prabandhak (Karmik) East Railway, Danapur, Patna. .... .... Respondents.

=========================================================== Appearance :

For the Petitioner : Mr. Upendra Prasad II, Adv. For the Respondents : Mr. Mahesh Prasad, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 28-04-2015 The petitioner was applicant before the Central Administrative Tribunal, Patna Bench, Patna. His prayer for compassionate appointment in the Railways has not been entertained. Hence, this writ application.

The mother of the petitioner was a Safai Karmchari in the Railway Hospital. She died in the year 1985. At that time the petitioner was admittedly an infant. On attaining majority after about 22 years, he made an application for compassionate appointment. This was rightly not entertained. Compassionate appointment is not as a matter of right. It is a compassion shown by erstwhile employer for sudden demise of the bread earner. It is to overcome emergent situation. Such a

Patna High Court CWJC No.15481 of 2013 dt.28-04-2015 - 2 - situation cannot last for 22 years. Therefore, we are not inclined to interfere in this matter.

Accordingly, this writ application is dismissed. (Navaniti Prasad Singh, J.) (Rajendra Kumar Mishra, J.) Trivedi/NAFR U