Jaya Devi V. Union of India through Chief Commissioner Income Tax, Birchand Patel Path, Patna and Chief Commissioner, Income Tax, Birchand Patel Path, Patna and Commissioner Income Tax Area I, Bhagalpur and Additional Commissioner, Income Tax (Hqrs) Adm. Patna and Additional Commissioner, Income Tax Area I, Bhagalpur and Income Tax Officer, Bhagalpur

CWJC/14829/2012

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The case involves Jaya Devi, the widow of late Jai Narayan Mehtar, who was a Peon in the Income Tax Department and died while in service. Jaya Devi applied for a compassionate appointment within the prescribed time after her husband's death. Initially, her application was rejected by the Compassionate Appointment Committee in 2004 without any reason. However, subsequent evaluations in 2007 and 2009 recognized her as belonging to the 'needy group'. Despite these considerations, her appointment was delayed due to the non-availability of vacancies, and her name was not prioritized due to the passage of time. The court found that her case had not been adequately considered despite the procedural steps taken by the department.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 700981 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 07-09-2012
• Assessment Year: misc
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: ASHUTOSH PANDEY
• Assessee Lawyers: SANJEEV KUMAR
• Keywords: Compassionate appointment; Income Tax Department; Bhagalpur; Needy group

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14829 of 2012 ====================================================== Jaya Devi Wife Of Late Jai Narayan Mehtar Resident Of Jai Prakash Hospital, Ghanta Ghar, Town & District- Bhagalpur .... .... Petitioner Versus 1. The Union Of India Through Chief Commissioner Income Tax, Birchand Patel Path, Patna 2. The Chief Commissioner, Income Tax, Birchand Patel Path, Patna 3. The Commissioner Income Tax Area I, Bhagalpur 4. The Additional Commissioner, Income Tax (Hqrs) Adm. Patna 5. The Additional Commissioner, Income Tax Area I, Bhagalpur 6. The Income Tax Officer, Bhagalpur .... .... Respondents ====================================================== For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondents : Mr. Ashutosh Ranjan Pandey, Advocate ====================================================== P R E S E N T HONOURABLE MR. JUSTICE S.N. HUSSAIN O R D E R 6 07-09-2012 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to appoint the petitioner on compassionate ground as her husband , namely, late Jai Narayan Mehtar, who was a Peon in the office of the Income Tax Department, Ward No.1, Bhagalpur, died in harness on 14.05.2001, whereafter within the time prescribed i.e. one year from the date of death of her husband, the petitioner filed her Patna High Court CWJC No.14829 of 2012 (6) dt.07-09-2012 2 / 3 2 application for compassionate appointment, which was forwarded by the Income Tax Officer to the Commissioner of Income Tax, Bhagalpur on 26.02.2002. Learned counsel for the petitioner submits that thereafter in the year 2003, a Compassionate Appointment Committee was constituted and in the meeting held on 15.10.2004 of the Compassionate Appointment Committee, the petitioner’s claim was erroneously rejected without any reason, but subsequently in the meetings held between 11-17.12.2007, the Compassionate Appointment Committee considered the case of the petitioner and in the meeting dated 29.07.2009, the Compassionate Appointment Committee categorized the petitioner in the `needy group’, which was in between the `most needy group’ and the `relatively needy group’. Learned counsel for the petitioner further submits that in the meantime the report of the Income Tax Inspector regarding petitioner’s condition was also submitted before the authorities and the entire matter was forwarded to the C.C.I.T. on 22.03.2011 (Annexure 8). 3. The grievance of the petitioner is that inspite of the aforesaid exercises, the petitioner’s claim is not being considered by the authorities concerned and she is deprived of the reliefs, to which she is legally entitled. 4. On the other hand, learned counsel for the Patna High Court CWJC No.14829 of 2012 (6) dt.07-09-2012 3 / 3 3 respondents submits that on 08.03.2012, a panel of 17 candidates was prepared, in which the petitioner was at serial no.12, out of which eleven persons have been appointed, but due to non- availability of the vacancy the remaining persons, including the petitioner, have not been appointed. Hence the petitioner’s name was directed to be included in the needy group in the meeting of the Compassionate Appointment Committee held in December, 2007. However, he further submits that thereafter the name of the petitioner was already there, but due to lapse of time, namely, three years, her candidature could not be considered. 5. Considering the entire facts and circumstances of this case, this writ petition is disposed of with a direction to the Chief Commissioner of Income Tax, Patna, to consider the claim of the petitioner in the light of the materials available on the record and decide the same within two months from the date of receipt/production of a copy of this order, if the petitioner files a detailed application along with all annexures before the said authority as well as a copy of this order within fifteen days from today. MPS/- (S.N. Hussain, J) "