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Vijay Ram Vs. Bccl and ors.

Vijay Ram vs Bccl and ors.

Disposition Writ application dismissed Court Jharkhand Decided Aug 20, 2001
~3 min read
https://sooperkanoon.com/case/518610

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Citation
Court
Jharkhand High Court
Judge
Decided On
Case Number
CWJC No. 526 of 2000
Subject
Service
Disposition
Writ application dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Service Law - Appointment--Compassionate appointment--Entitlement of family member--Claimed by son of deceased only after attaining majority-Legality of--Held, it is well settled that appointment on compassionate ground cannot be reserved on the ground that the son of deceased will apply after attaining majority--Be...

Key legal issue
Service
Outcome / disposition
Writ application dismissed
Acts & sections
Service Law

Parties & Advocates

Appellant / Petitioner

Vijay Ram

Advocate Jai Prakash, Adv.

Respondent

Bccl and ors.

Advocate A.K. Mehta, Adv.

Legal References

Acts
Service Law
Cases Referred
Anil Kumar Singh v. State of Bihar and Ors
Reported In
2001(49)BLJR2375; [2002(92)FLR1220]

Excerpt

.....record including the power to punish for its contempt. this special jurisdiction is inherent in a court of record from the very nature of the court itself. the said special power is not subject to the procedural law either of the criminal procedure code or the contempt of courts act. the high court can deal with the matter summarily and can adopt its own procedure. however, if the high court initiates the proceeding as a court of record, principle of natural justice must be applied and the contemner should be given sufficient opportunity to know the accusation and to defend himself. in the instant case, the contemner was served with the notice to show cause. he was well aware of the accusation. he also admitted his guilt. in view thereof, contention of the contemner lawyer that he was not heard on merit of the contempt application and the impugned judgment of punishing petitioner in contempt of court is violative of principles of natural justice, is not tenable. article 215: contempt proceedings review of conviction held, it is the solemn duty of the bench and bar to maintain and uphold the majesty, authority and dignity of the courts for the sustenance and progress of democracy in our country particularly at the juncture when there are number of instances of outside attempt to disintegrate and destroy the democratic set up of our country. such conduct of a member of the bar brings the authority of the court and the administration of justice into disrespect, erodes and undermine the foundation of the judiciary by shaking faith and confidence of the people in the ability of the courts to deliver free and fair justice, it is a deliberate attempt to insult the high court and denigrate the authority and solemnity and court strongly deprecate such attempt made with biased attitude. such indiscriminate allegations against judges, who are the members of the bench, cannot be a ground for review of the impugned judgment. punishment of prohibiting appearance of.....m.y. eqbal, j.1. heard mr. jai prakash, learned counsel for the petitioner and mr. a.k. mehta, learned counsel for the respondents.2. the petitioner is aggrieved by the order which was communicated vide letter dated 12.11.1999 whereby the respondents rejected the application of the petitioner seeking employment on compassionate ground.3. late lakhan ram father of the petitioner, was an employee in hurriladih colliery under the respondents and in course of employment he died on 11.5.1993. the widow of the deceased, smt. radha devi firstly made an application in 1994 for her appointment on compassionate ground. it is stated that the application of the widow was not considered by the respondents. however, in 1996 another application was filed by the petitioner being the son of the deceased claiming appointment on compassionate ground. the said application remained pending till 1999. however, by letter dated 12.11.1999 the respondents informed the petitioner that his claim for appointment on compassionate ground was refused.4. in the counter affidavit it is stated that at the time of death of late lakhan ram the petitioner was minor and consequently no application for compassionate appointment was filed on his behalf. subsequently whenthe petitioner attained majority he made an application for appointment. the respondents denied that the widow of the deceased employee ever made application for her appointment on compassionate ground.5. it is well settled principle of law that compassionate appointment ' cannot be granted after a lapse of reasonable period as the very purpose of compassionate appointment as an exception to the general rules of open recruitment is intended to meet the immediate financial problem being suffered by the members of the family of the deceased employee. the very object of appointment of dependent of deceased employee who died in harness is to relieve immediate hardship and distress caused to the family by sudden demise of the earning member of.....

Full Judgment

M.Y. Eqbal, J.

1. Heard Mr. Jai Prakash, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.

2. The petitioner is aggrieved by the order which was communicated vide letter dated 12.11.1999 whereby the respondents rejected the application of the petitioner seeking employment on compassionate ground.

3. Late Lakhan Ram father of the petitioner, was an employee in Hurriladih Colliery under the respondents and in course of employment he died on 11.5.1993. The widow of the deceased, Smt. Radha Devi firstly made an application in 1994 for her appointment on compassionate ground. It is stated that the application of the widow was not considered by the respondents. However, in 1996 another application was filed by the petitioner being the son of the deceased claiming appointment on compassionate ground. The said application remained pending till 1999. However, by letter dated 12.11.1999 the respondents informed the petitioner that his claim for appointment on compassionate ground was refused.

4. In the counter affidavit it is stated that at the time of death of late Lakhan Ram the petitioner was minor and consequently no application for compassionate appointment was filed on his behalf. Subsequently whenthe petitioner attained majority he made an application for appointment. The respondents denied that the widow of the deceased employee ever made application for her appointment on compassionate ground.

5. It is well settled principle of law that compassionate appointment ' cannot be granted after a lapse of reasonable period as the very purpose of compassionate appointment as an exception to the General Rules of open recruitment is intended to meet the immediate financial problem being suffered by the members of the family of the deceased employee. The very object of appointment of dependent of deceased employee who died in harness is to relieve immediate hardship and distress caused to the family by sudden demise of the earning member of the family and such consideration cannot be kept binding for years.

6. In the instant case admittedly the petitioner was minor at the time of death of the deceased employee. It was only after attaining majority the petitioner made an application for appointment on compassionate ground. It is well settled that appointment on compassionate ground cannot be reserved on the ground that the son of the deceased employee will apply after attaining majority. In this connection reference may be made to decision of the Apex Court in the case of State of U.P. and Ors v. Paras Nath. 1993 (2) 5CC 412 and a Division Bench decision of the Patna High Court in the case of Anil Kumar Singh v. State of Bihar and Ors 1993 (1) PLJR (414).

7. For the reasons aforesaid, no relief can be granted to the petitioner. This application is dismissed.

8. Writ application dismissed.

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