NIRAJ KUMAR SINGH Vs. NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR
LAWS(JHAR)-2012-9-60
HIGH COURT OF JHARKHAND
Decided on September 11,2012

NIRAJ KUMAR SINGH Appellant
VERSUS
NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR Respondents

JUDGEMENT

- (1.) This application is not pressed at this stage. Accordingly, I.A. No. 1201 of 2006 stands dismissed as not pressed. W.P. (S) No. 2378 of 2005:
(2.) Undisputedly, late B.P. Sinha was working with the Institute who had expired in harness on 17.6.1986 leaving behind his widow Smt. Vidya Devi and one son Mr. Ashutosh Kumar who was one year and three months old as on 17.6.1986. Undisputedly, Smt. Vidya Devi widow of late B.P. Sinha made an application before the Principal, RIT, Jamshedpur for compassionate appointment of Niraj Kumar Singh - petitioner showing Niraj Kumar Singh as her grand son. Undisputedly, a similar application was again filed on 28.1.1987 by Smt. Vidya Devi showing the petitioner as her grand son seeking compassionate appointment for him. Undisputedly, Niraj Kumar Singh was provided job in the RIT, Jamshedpur on daily wages in the year 1987 on compassionate ground on the request of Smt. Vidya Devi. Undisputedly on 10.09.2001 Smt. Vidya Devi filed an affidavit stating that her grand son Niraj Kumar Singh who was given compassionate appointment on daily wages be taken in regular service on account of death of her husband. Undisputedly, a separate affidavit was also filed on behalf of the petitioner that late B.P. Sinha was his grand father and there was no case pending against him and he was never convicted in any criminal case, therefore, his services may be regularised. On the basis of the application and affidavits so moved Board of Governors of the respondents confirmed the services of Niraj Kumar Singh.
(3.) Thereafter, in the year 2001 Smt. Vidya Devi filed W.P.S. No. 6058 of 2001 seeking compassionate appointment in favour of her son Ashutosh Kumar. This Court vide judgment dated 10.01.2002, annexure no. 1 to the writ petition has dismissed the writ petition, wherein, this Court has observed all the undisputed facts as narrated hereinabove. This Court has denied the compassionate appointment to Ashutosh Kumar saying that on the date of his father's death i.e. 17.6.1986, he was one year old and on the request of Smt. Vidya Devi, widow of late B.P. Sinha, compassionate appointment was given to Niraj Kumar Singh - petitioner Order dated 10.01.2002 was upheld by the Division Bench in L.P.A. No. 126 of 2002 on 11.07.2002, annexure no. 2.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.