Patna High Court
Arvind Kumar vs The General Manager on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8125 of 2021
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Arvind Kumar Son of Late Ram Gulam Mahto Resident of Village Lagunia,
Raghukanth, P.S. - Samastipur, District- Samastipur.
... ... Petitioner/s
Versus
1. The General Manager Human Resources (Administration), North Bihar
Power Distribution Company Ltd. Vidyut Bhawan, Bailey Road, Patna
800001
2. The Vidyut Executive Engineer, Electric Supply Division, Barauni
3. The Assistant Electric Engineer, Electric Supply Sub Division,
Bachchhwara, District Begusarai
4. The Collector, Begusarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subhash Chandra Bose, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-05-2022
Heard learned counsel for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"For issue of writ of mandamus
directing the Respondent authorities to
provide appointment to the petitioner on
compassionate ground in the office of
Respondent Electricity Supply Division on
death of his mother Pramila Devi, who was
employed in the office of Electric Supply Sub
Division Bachchhbara as peon and who died
during period of her service."
Patna High Court CWJC No.8125 of 2021 dt.09-05-2022
Short question for consideration in the present petition
is whether the petitioner is entitled to compassionate appointment
on account of petitioner's mother death or not?
The compassionate appointment is governed by
Standing Order issued on 28.06.2007. One of the eligibility criteria
is one should not have crossed forty years under BC category.
Whereas the petitioner has crossed the age limit, therefore,
petitioner claim was not considered to that effect. In Para 12 of the
Counter affidavit it is stated as under:-
"12. That so far as the grant
of appointment on compassionate basis
to the petitioner is concerned, it is
humbly stated and submitted that the
petitioner has not even applied for the
appointment on compassionate ground
in the prescribed format alongwith
required documents. This has been
informed through letter no. 755 dated
15.03.2022 by the electrical Executive
Engineer, Barauni. Furthermore, the
petitioner is not eligible for grant of
compassionate appointment on account
of his age as the maximum age limit for
appointment has been fixed by standing
order No. XVIII/ADOP/3004/2004/862
Patna Memo No. 49 dated 28.01.2007 of
the erstwhile Bihar State Electricity
Board in following manner:-
1. Unreserved Category
(Male)-37 years,
2. BC/EBC Category (Male
and Female)-40 years,
3. Unreserved Category
(Female)-40 years.
Patna High Court CWJC No.8125 of 2021 dt.09-05-2022
4. SC/ST (Male and Female)-
42 years."
In the light of these facts and circumstances, the
petitioner has not made out a case. Accordingly, the present writ
petition stands dismissed.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
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