ABHISHEK PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHANDRA Prakash Singh, father of the petitioner was working as Accountant in the office of District Dairy Development, Ranchi and has died in harness on 11.06.2008 leaving behind his widow Smt. Iti Rani Roy, elder son Amit Kumar and younger son Abhishek Prakash (present petitioner). Present petitioner has applied for compassionate appointment which was declined vide impugned order dated 18.05.2011 (Annexure no. 3 & 4) on the ground that petitioner's elder brother Amit Kumar is in service.

(2.) IT has been contended by the learned counsel for the petitioner that Mr. Amit Kumar, the elder brother of the petitioner is leaving separately from the family and was not dependent on the deceased employee late Chandra Prakash Singh on the date of his death. It has further been contended that since petitioner was dependent on his father on the date of his death, therefore, petitioner is entitled for the compassionate appointment. Undisputedly, on the death of Sri Chandra Prakash Singh, the father of the petitioner, petitioner and his mother have received approximately Rs. six lacs rupees as death-cum-post retiral benefits.

(3.) HON 'ble Apex Court in the case of Steel Authority of India Ltd. Vs. Madhusudan Das reported in (2008) 15 SCC 560 has held as under: