Jharkhand High Court
Shambhu Alias Shambhu Kumar Balmiki vs Union Of India Through Bipin Kumar Singh ... on 24 June, 2016
Author: Virender Singh
Bench: Virender Singh, Shree Chandrashekhar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 634 of 2015
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Shambhu @ Shambhu Kumar Balmiki, son of Keshar Balmiki, resident of CIC Basti, Barkakana, P.O. & P.S.-Barkakana, Patratu, District-Ramgarh.
... ... ... ... .... .... Petitioner
Versus
1.Bipin Kumar Singh, son of Late B.P.Singh, Senior Divisional Personnel Officer, East Central Railway, Dhanbad, P.O. & P.S.- Dhanbad, District-Dhanbad, resident of Officers Colony, P.O. & P.S. & District-Dhanbad
2.State of Jharkhand ... .... .... ....Opp.Parties ....
CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : M/s M.M.Pal, Senior Advocate Mahua Palit, Advocate For the Opp.Parties : Mr. Sudhir Kumar, Advocate
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th 02/ 24 June, 2016 Per Virender Singh, C.J.:
While confirming the order of learned Central Administrative Tribunal (CAT) whereby, letter No.DSC-37/Class-III/252/05/08 dated 16th October, 2008, issued by Senior Divisional Personnel Officer, E.C.Railways, Dhanbad, rejecting the case of the petitioner for appointment on compassionate ground primarily on the ground that he was not the adopted son of late Smt. Tara Devi, Ex-Safaiwala and Keshar Balmiki, we, while dismissing the W.P.(S) No.5639 of 2010, filed by the Union of India impugning the order of learned CAT, directed the Union of India to consider the case of the petitioner for compassionate appointment within two months. Although, there is delay at the end of the Union of India in complying our direction as the matter was considered in September, 2015 and a detailed order has now been passed by the Divisional Railway Manager, E.C.Railways, Dhanbad on 01.09.2015 whereby, considering the case of the petitioner as adopted son of late Smt. Tara Devi, Ex-Safaiwala, his claim for appointment on compassionate ground has been rejected on other six grounds, which according to the authority concerned, fall within the rules for considering a case for compassionate appointment.
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That being the situation in the case on hand, atleast the instant contempt petition does not survive any more to prosecute it further. The petitioner, if is aggrieved of the aforesaid order dated 01.09.2015 passed by the Divisional Railway Manager, E.C.Railways, Dhanbad, he may resort to any other remedy available to him, in accordance with law.
Disposed of accordingly.
(Virender Singh, C.J.) (Shree Chandrashekhar, J.) Sudhir/SI