Baby Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18157 of 2022 ====================================================== Baby Kumari W/o Late Ramakant Yadav Resident of Village- Karara, P.O.- Basantpur, P.S.- Muffasil Ara, District- Ara. ... ... Petitioner/s

Versus

1.

The Union of India through the Commandant 49th Bataliyan, S.S.B. Ranchi. 2.

The Commandant 49th Bataliyan, S.S.B. Ranchi. 3.

The Adju tant 49th Bataliyan, S.S.B. Ranchi.

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Respondent/s :

Mr. Abhay Shankar Jha, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-12-2023 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Abhay Shankar Jha, learned counsel for the Union of India.

2. The petitioner, who is claiming herself to be second wife of Late Ramakant Yadav, who died in harness while working as Constable Cook from the 4th Bataliyan, SSB, Mohanlalganj, Lucknow, has filed the instant writ petition, seeking a direction upon the respondent authorities to include the name of her minor son, namely, Hansraj Kumar and one daughter Anushi Priya in the service of the erstwhile employee.

3. The prayer of the petitioner has been refuted by the learned counsel appearing on behalf of the Union of India, on the ground of territorial jurisdiction as well as the fact that the matter requires inquiry, and as such, in the prerogative writ

Patna High Court CWJC No.18157 of 2022 dt.08-12-2023 2/2 jurisdiction, the same cannot be directed.

4. At this stage, learned counsel for the petitioner, submits that the grievance of the petitioner is only confined, that the respondent authorities may consider her grievance and pass necessary order. He next submits that the present writ petition may be disposed of giving liberty to the petitioner to file a proper representation before the Commandant 4th Bataliyan, SSB, Mohanlalganj, Lucknow, who shall consider her claim.

5. Considering the fact that the petitioner is claiming herself to be second wife of the erstwhile employee (Constable Cook), the writ petition stands disposed of with a liberty to the petitioner to approach before the Commandant 4th Bataliyan, SSB, Mohanlalganj, Lucknow, by filing a proper representation, agitating her grievance.

6. Needless to observe that if such a representation is filed, the Commandant 4th Bataliyan, SSB, Mohanlalganj, Lucknow, shall consider the grievance of the petitioner in accordance with law and pass necessary order expeditiously. (Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08-12-2023 Transmission Date