IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 514 of 2010
Rajesh Kumar Sharma ... ... ... Appellant
Versus
The Employers in relation to the Management of
Kusunda Area of Bharat Coking Coal Ltd. ... ... Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRAKASH TATIA
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For the Appellant : Mr. Ravi K. Singh.
For the Respondent : Mr. Anoop K. Mehta.
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07/18.04.2011
Learned counsel for the appellant at the very outset has cited
certain decisions in support of his contention. Considering all these
decisions, it appears that the question involved in this case has
already been decided by a Division Bench of this Court in Writ
Petition (S) No.4461 of 2008 and analogous cases decided on
13th April,2011 holding that the child of second wife is not entitled for
compassionate appointment.
The learned counsel for the appellant has placed another
decision rendered by a Division Bench of this Court which in our
opinion cannot be applied as appointment on compassionate
ground is not heritable right as provided under personal law
governing the person. Therefore, taking into account that inheritable
right has no application to the present scenario of the case and
particularly in view of the bar against the contracting second
marriage as provided in standing order Clause No.26.1.21 of the
respondent(B.C.C.L.) the applicant was rightly held not entitled to
the appointment.
In that view of the matter, we do not think that the decision
relied upon by the learned counsel would be of any relevance what
soever in the controversy.
In that view of the matter we do not think that the appeal is
liable to be considered. The appeal is, therefore, summarily
dismissed.
(Bhagwati Prasad, C.J.)
(Prakash Tatia, J.)
D.S./Sudhir.