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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. BAJANTHRI, RAJIV ROY, JJ.
The North Bihar Power Distribution Company Ltd. – Appellant
Versus
Ankush Kumar S/o Late Chhedi Mahto – Respondent
Letters Patent Appeal No.1062 of 2018 In Civil Writ Jurisdiction Case No.19237 of 2017
Decided on : 11-07-2022
Compassionate Appointment - Employee's Second Marriage - Circulated by Personnel & Administrative Reforms Department, Government of Bihar, Patna, Guideline issued by General Administration Department, Government of Bihar - [Bihar State Electricity Board Act, Circulated by Personnel & Administrative Reforms Department, Government of Bihar, Guideline issued by General Administration Department, Government of Bihar] - The court discussed the rejection of the claim for compassionate appointment based on the deceased employee's second marriage without permission from the employer. The court highlighted the recognition of the second marriage by the employer through the payment of death cum retiral dues and family pension to the second wife, and concluded that the objection of not obtaining permission for the second marriage is not valid.
Fact of the Case:
The appeal was filed against the order setting aside the decision rejecting the claim for compassionate appointment of the respondent, son of a deceased employee of the Bihar State Electricity Board, based on the employee's second marriage without permission from the employer.
Finding of the Court:
The court found that the rejection of the claim for compassionate appointment based on the deceased employee's second marriage without permission from the employer was not valid, as the employer had recognized the second marriage by paying death cum retiral dues and family pension to the second wife.
Issues: The issues involved the rejection of the claim for compassionate appointment based on the deceased employee's second marriage without permission from the employer and the recognition of the second marriage by the employer through the payment of death cum retiral dues and family pension to the second wife.
Ratio Decidendi: The court held that the objection of not obtaining permission for the second marriage was not valid, as the employer had recognized the second marriage by paying death cum retiral dues and family pension to the second wife.
Final Decision: The appeal was dismissed, and the employer was directed to take steps for granting appointment to the respondent on compassionate grounds.
JUDGMENT :
RAJIV ROY, J.
I.A. No.7429 of 2018
The aforesaid interlocutory application has been preferred for condonation of delay of 38 days in filing the appeal.
For the reasons stated in the I.A. petition, the delay in filing the appeal is condoned.
L.P.A. No.1062 of 2018
Heard counsels for the appellants and respondent.
2. The appeal has been preferred against the order dated 07.05.2018 passed by learned Single Judge (Hon’ble Mr. Justice Mohit Kumar Shah) in CWJC No.19237 of 2017 by which the decision dated 30.12.2016 taken by the Central Compassionate Appointment Committee rejecting the claim of the respondent/writ petitioner for compassionate appointment was set aside and direction was given to the appellant North Bihar Power Distribution Company Limited (henceforth for short ‘the Company’) to take appropriate steps for appointment of the respondent/writ petitioner on compassionate ground.
3. The matrix of facts giving rise to appeal is/are as follows.
4. The father of the writ petitioner, namely, Chedi Mahto was an employee with the erstwhile Bihar State Electricity Board (henceforth for short ‘the Board’). He died on 22.01.2008 while in service. Otherwise ordinarily he would have retired on 30.06.2010.
5. The writ petitioner herein, who is son of the deceased Chedi Mahto thereafter made an application for his appointment on compassionate ground. The said application was rejected on 17.08.2012 by which respondent authorities stating that he is the son of the second wife of the deceased employee.
6. Aggrieved by the said order passed by the Respondent Authorities, the writ petitioner moved before this Court vide CWJC No.10684/2013 which was heard and allowed by learned Single Judge (Hon’ble Mr. Justice Shivaji Pandey, as his lordship then was) vide an order dated 30.08.2016 directing the Respondent Authorities to consider the claim of the writ petitioner afresh. The operative part of the order (Annexure-4) is incorporated herein below:
“5. In such view of the matter, the order dated 17.08.2012, whereby the claim of the petitioner for compassionate appointment has been rejected, is hereby set aside. The matter is remanded back to the respondent authorities for fresh consideration. The respondent-authorities are directed to examine the case of the petitioner for compassionate appointment and take final decision within a period of two months from the date of receipt/production of a copy of this order. If it is found that the petitioner is entitled to the benefit, he must be given the benefit of compassionate appointment. If the authority would not find fit case for granting compassionate appointment, must assign the reason after giving due hearing to the petitioner.
6. With the aforesaid observations and directions, this writ application is allowed.”
7. The Respondent Authorities thereafter took up the matter and vide reasoned order dated 30.12.2016 rejected his claim on the sole ground that the deceased employee had not taken permission from ‘the Department’ for the second marriage with the mother of the writ petitioner. (Annexure-5 of the writ petition).
8. Being aggrieved, the writ petitioner preferred CWJC No.19237/2017. The Respondent Authorities appeared in the matter and filed their counter affidavit taking the same plea as would reflect from para-4 of the said counter affidavit which said as follows:
“That in reply to the statements made in Paragraph No.1(ii) of the writ application it is stated that the petitioner had filed earlier writ application bearing CWJC No.10684 of 2013 seeking compassionate appointment which was disposed of by this Hon’ble Court vide order dated 30.08.2016 with a direction to the company to examine the mater afresh and pass an appropriate order.
Accordingly, in compliance of the order of the Hon’ble High Court the case of the petitioner was examined afresh and the matter was considered again in terms of the order of Hon’ble High Court dated 30.08.2016 as well as provisions contained in Circulated by Person
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