MANOJ KUMAR v. DAMODAR VALLEY CORPORATION THROUGH THE CHAIRMAN
WPC/6364/2019 · 2025-04-21
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28573 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28573 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11861 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (S) No. 6364 of 2019
---- Manoj Kumar, s/o. late Mahendra Prasad, resident of village & P.O. &
P.S. Poni, Dist. Rohtas, Bihar.
..........Petitioner Versus
1. Damodar Valley Corporation through the Chairman, Damodar Valley Corporation Headquarters, DVC Towers, VIP Road, P.O. & P.S. Kolkata, Kolkata-700054 (West Bengal).
2. The Director (HRD), Damodar Valley Corporation Headquarters, DVC Towers, VIP Road, P.O. & P.S. Kolkata, Kolkata- 700054 (West Bengal).
3. The Chief Manager (HRD), Damodar Valley Corporation Headquarters, DVC Towers, VIP Road, P.O. & P.S. Kolkata, Kolkata- 700054 (West Bengal).
4. The Director (HR), Panchet Dam, Damodar Valley Corporation, P.O. & P.S. Panchet, Dist. Dhanbad, Jharkhand.
5. The Personnel Manager (A), DVC Panchet, Damodar Valley Corporation, P.O. & P.S. Panchet, Dist. Dhanbad, Jharkhand.
6. The Executive Engineer, Damodar Valley Corporation, P.O. & P.S. Panchet, Dist. Dhanbad, Jharkhand. .........Respondents
----
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
---- For the Petitioner : Mr. Abhishek Shriwastava, Advocate For the Respondents : Mr. Srijit Choudhary, Advocate
Ms. Tanay Roy, Advocate
---- 06/ 21.04.2025 Instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to issue necessary orders for immediate appointment of the petitioner on compassionate ground since the father of the petitioner, who was working as Messenger (Group-D employee) under the respondent- DVC, died in harness on 16.03.2002.
2. At the outset, learned counsel for the petitioner draws attention of this Court towards para-7 of the counter-affidavit dated 09.02.2023 and submits that the respondents have categorically stated that the petitioner would be entitled for Rs.15,00,000/- (Rupees Fifteen Lakhs only) as one time settlement in lieu of appointment on compassionate ground and a proper format is also annexed as Annexure-A (page-15) to the counter-affidavit and as such, he fairly submits that now petitioner himself is above 35 years of age and as such, he would be
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happy with the one-time payment in lieu of the compassionate appointment.
3.
Learned counsel for the respondents submits that due to several untoward incident and fraud, the Company itself has scrapped the policy of compassionate appointment. However, if the petitioner will approach the concerned respondents, he will definitely get the monetary benefits as stated in para-7 of the counter-affidavit.
4. Having regard to the aforesaid facts and circumstances of the case and the fair submissions of learned counsel for the petitioner and the respondents relying upon its Counter Affidavit wherein in at para- 7 it is stated as under:
“7. That it is stated and submitted that respondent Corporation i.e. Damodar Valley Corporation issued a letter no.: PL-IR/ Social Security/ Compensation/ 2020/ 635, dated 15.12.2020 for payment of Rs.15,00,000/- (Fifteen Lakhs) as one-time settlement in lieu of appointment on compassionate ground. It is further mentioned in the letter that “the Corporation has scrapped the policy of compassionate employment as DVC is unable to provide employment on compassionate ground due to technical & other compelling reasons, beyond control of DVC”.”
5. Accordingly, the instant writ application is hereby disposed of by directing the petitioner to approach the 4th respondent with the form (as annexed in Annexure-A series at page 15 of the counter- affidavit) duly filled-up by him along with a copy of this order within a period of four weeks. The moment petitioner approaches the 4th respondents along with the duly filled-up form, the monetary benefits which is one time compensation in lieu of compassionate appointment shall be paid to the petitioner as early as possible but not beyond the period of 12 weeks from the date of submission of such form.
6. Accordingly, this writ petition stands disposed of.
(Deepak Roshan, J.)
Kunal