Jharkhand High Court
Union Of India Through Senior vs Shambhu ? Shambhu Kumar Balmik on 4 February, 2015
Equivalent citations: 2015 (4) AJR 343
Author: Virender Singh
Bench: Virender Singh, Aparesh Kumar Singh
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (S) No. 5639 OF 2010
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Union of India through Bipin Kumar Singh s/o late B.P.Singh, Senior Divisional
Personnel Officer East Central Railway Dhanbad PO & PS Dhanbad District -
Dhanbad resident of Railway Officers' Colony PO, PS and Distrcit Dhanbad
... Petitioner
Versus
Shambhu @ Shambhu Kumar Balmiki s/o Keshar Balmiki resident of CIC Basti
Barkakana PO & PS Barkakana Patrutu District Ramgarh
..... Respondents
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CORAM: HON'BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE
HON'BLE MR.JUSTICE APARESH KUMAR SINGH
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For the Appellant/Petitioner : Mr.Sudhir Kumar
For the Respondent : M/s. M.M.Pal, Senior Advocate,
S.C.Roy, Ruby Pandey
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Dated 4th February, 2015
Per Virender Singh, CJ.(Oral) Respondent-applicant (for short referred to as applicant) sought quashment of letter no.DSC-37/Class-III/252/05/08 dated 16th October, 2008 issued by the Senior Divisional Personnel Officer, E.C Railway, Dhanbad, (for short 'E.C. Railway), whereby the case of the applicant for his appointment on compassionate ground was rejected primarily on the ground that he is not the adopted son of late Tara Devi, Ex-Safaiwala and Keshar Balmiki. This gave cause to the applicant to knock the door of the Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi (for short CAT). Learned CAT, after taking into account all the relevant documents put forward by either side, held that the applicant, who was a child of few days and picked up from a dustbin by late Tara Devi and her husband and brought up by them as their son, whose name is also reflected in certain official records of the petitioner, was entitled to consideration for appointment on 2 compassionate ground in accordance with the rules. Aggrieved of the said order passed by the learned CAT, E.C. Railway is before us through the mention of the instant petition.
2. We have heard Mr. Sudhir Kumar learned counsel appearing for the Railway and Mrs. M.M. Pal, learned Senior Advocate appearing for the applicant. Counter to the instant petition has also been filed by the applicant, in which all the documents, which were filed by the applicant before the CAT, are annexed with. We have gone through the entire materials carefully.
3. Not only the applicant has been shown as nominee of late Tara Devi in the service record available with E.C. Railway, name of the father of the applicant as Keshar Balmiki also figures in the Matriculation Certificate issued way back in the year 1995. Even in the Caste Certificate issued in the year 1993, the name of the father of the applicant is reflected as Keshar Balmiki. These documents can not be doubted at this stage.
4. We are conscious of the fact that in an affidavit dated 23rd March, 2006, when some dues of late Tara Devi were to be settled, Keshar Balmiki projected himself as the only legal heir of late Tara Devi and on account of that, all the dues were released in his favour but that aspect, in our considered view, would not demolish the case of the applicant to hold that he is not the son of late Tara Devi and Keshar Balmiki. In fact, late Tara Devi and Keshar Balmiki, who are just Safaiwala, did a very noble act by picking up a child of few days from dustbin and brought him up as their son. This fact is certainly weighing with us coupled with all the documentary evidence referred to hereinabove favouring the applicant for the relief sought herein.
5. Viewed thus, we do not find any infirmity in the impugned order of the learned CAT calling for our indulgence on any count. The instant petition, therefore, merits dismissal at the admission stage itself. Ordered accordingly.
6. Interim order dated 01.12.2014 also stands vacated.
7. Let case of applicant be considered for compassionate appointment 3 within two months from today. Mr. Sudhir Kumar volunteers to convey the order to the petitioner (East Central Railway, Dhanbad) without any delay.
(Virender Singh, C.J.) (Aparesh Kumar Singh, J.) Dey/LAK