High Court Patna High Court - Orders

Surendra Kumar vs The Food Corporation Of … on 8 April, 2011

Patna High Court – Orders
Surendra Kumar vs The Food Corporation Of … on 8 April, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.12983 of 2007
                                SURENDRA KUMAR
                                     Versus
                         THE FOOD CORPORATION OF INDIA & ORS
                                  -----------

2. 8.4.2011 Having heard counsel for the

parties this Court would direct the

respondents to file supplementary counter

affidavit disclosing therein as to how much

amount was being drawn by the petitioner on

the date of his death as a take-home salary.

Additionally, the respondents also must

disclose as to how much retirement cum death

benefit was paid to the petitioner on the

basis of which the authorities have come to

a conclusion that the family of the

petitioner was not in indigent condition.

The query being made by this Court,

however, will not mean that the delay of

more than four years in filing of this

application has been condoned and the

relevance of the same will be gone into in

course of hearing for deciding as to whether

the petitioner would be entitled now for

being appointed on compassionate ground in

the year 2011 when the bread earner employee

had died in the year 1997.

List this case after three weeks at
2

the same position in order to enable the

counsel for the Corporation to file his

supplementary counter affidavit.

(Mihir Kumar Jha,J.)

Surendra/