Patna High Court
Baby Kumari vs The Union Of India on 8 December, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18157 of 2022
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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
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv.
For the Respondent/s : Mr. Abhay Shankar Jha, C.G.C.
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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
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
