RANCHI, India, Feb. 11 -- Jharkhand High Court issued the following order on Jan. 12:
1. Heard the parties.
2. The petitioner by filling this writ application, prays for compassionate appointment in place of his mother Late Mungri Munda.
3. Late Mungri Munda was Peon in the Faculty of Birsa Agriculture University, Ranchi and she died on 14.04.2010. After the death, her elder son, namely, Vijay Munda was appointed on 11.04.2015. He also died on 23.07.2020. The petitioner prays that now the petitioner be appointed in place of his Late mother Mungri Munda.
4. The prayer of the petitioner cannot be accepted by this Court.
5. Mungri Munda died on 14.04.2010. One appointment was given to the elder son, namely, Vijay Munda on 11.04.2015.
6. Though, the learned Senior counsel appearing on behalf of the respondent- Birsa Agriculture University submits that Vijay Munda was appointed on adhoc basis as he was not matriculate but the fact remains that an appointment on account of death of Mungri Munda was already granted to Vijay Munda. This petitioner now cannot claim any appointment on account of death of his mother who died on 14.04.2010.
7. Further, learned counsel for the petitioner submits that Vijay Munda is married and has left behind his wife and children after his death. Since, there is wife and children of Vijay Munda, this petitioner who is the brother of Vijay Munda, has got no right to be appointed on compassionate ground, as it cannot be said that his right is better than the right of wife of Vijay Kumar and his children.
8. So far as the second prayer is concerned to pay regular salary in the pay-scale and other consequential benefit to late Vijay Munda is concerned, the said claim can only be maintained by the wife and the children of Vijay Munda and not by this petitioner. This petitioner, who is major, can by no means be said to be a dependent upon Vijay Munda. Thus, no relief can be granted to the petitioner. Accordingly, this writ petition stands dismissed.
Disclaimer: Curated by HT Syndication.
