Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20154 of 2019 ====================================================== Kanchan Kumari Wife of Surjeet KUmar, Daughter of Late Gayatri Devi, Resident of Village-Darihat, P.S.-darihat, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Energy Department, Government of Bihar, Patna.

2.

The Electrical Executive Engineer, Electrical Project Division, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Ranjan For the Respondent/s :

Mr.Kinkar Kumar (SC-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the parties.

2. The petitioner claims that she is married daughter of deceased employee late Gayatri Devi, who died in harness, while working under South Bihar Power Distribution Company Limited on 12.01.2018. The petitioner claims that the deceased had only two daughters including this petitioner. She had applied for her appointment on compassionate ground, claiming to be the dependent of the deceased employee, which has been rejected by the Company as is evident from letter dated 15.05.2019, issued by the Company, which has been brought on record by way of Annexure-A to the counter affidavit filed on behalf of the Company. It has

Patna High Court CWJC No.20154 of 2019(3) dt.19-11-2019 2/3 been recorded in the letter communicating rejection of the petitioner's claim for appointment on compassionate ground that the petitioner was already married and no purpose of such appointment would be served, if she was appointed on compassionate ground since there was dependent of the deceased employee late Gyatri Devi, on the date of her death.

3. Learned counsel appearing on behalf of the petitioner, has, however, submitted, referring to a decision of the General Administration Department, Government of Bihar, which has been brought on record by way of Annexure-3 to the writ application to contend that even a married daughter is entitled for compassionate appointment, if the deceased employee dies leaving behind only daughters. The deceased was a widow, which fact is not in dispute. There is no convincing material before this Court to arrive at a conclusion that the petitioner was dependent on the deceased and was, therefore, entitled to be considered for her appointment on compassionate ground.

4. I do not find it to be a fit case for interference by this Court.

Patna High Court CWJC No.20154 of 2019(3) dt.19-11-2019 3/3

5. This application is, accordingly, dismissed. arun/- (Chakradhari Sharan Singh, J) U