IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14184 of 2005 ============================================= Randhir Kumar Singh, s/o- Sri Ram Narain Singh, and adopted son of Late Sohan Singh, r/o- village- Chechar, P.S.- Biddupur, District- Vaishali .... .... Petitioner/s Versus 1. Bihar State Ware Housing Corporation through its Managing Director, Maurya Complex, Patna. 2. Managing Director, Bihar State Ware Housing Corporation, , Maurya Complex, Patna. 3. Superintendent, Hajipur Centre of Bihar State Ware Housing Corporation, District- Vaishali .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Nand Kumar Singh For the Respondent/s : Mr. Naresh Dikshit ============================================= 14 19-09-2011 Heard learned counsel for the petitioner and learned counsel for the respondent Corporation. Petitioner, claims himself to be the adopted son of one Late Sohan Singh who while serving in the Bihar State Warehousing Corporation (for short “the Corporation”), died on 12.11.2001. It is the case of the petitioner that before his death, aforesaid Sohan Singh had nominated the petitioner for receiving the post retiral benefits. He was also nominated as his successor in interest for the purpose of inheriting movable as well as immovable properties. Based on the aforesaid affidavit, petitioner filed a claim on 18.12.2001 seeking appointment on compassionate ground. This was followed by reminders. It is contended on behalf of the 2 petitioner that the Managing Director of the respondent Corporation by a communication dated 6.3.2002 directed the petitioner to obtain a succession certificate. Petitioner applied and obtained a succession certificate (Annexure-7) on 11.8.2003 in respect to properties worth Rs. 2,10,000/-. Based thereon, respondent released post retiral benefits to the tune of Rs. 2,10,000/- . Remaining amount was withheld in view of the nature of the succession certificate. This propelled the petitioner to file writ petition being C.W.J.C. No. 9228 of 2005. This Court by a proceeding dated 22.8.2006 (Annexure-8) directed the authorities of the respondent Corporation to make payment of the remaining post retiral benefits to the petitioner. In the meanwhile, the petitioner filed the present writ petition on 18.11.2005 seeking a direction upon the respondents to consider and grant him appointment on compassionate grounds. A counter affidavit has been filed on behalf of the respondents in which it is contended that the succession certificate as well as Award obtained by the petitioner from the Lok Adalat is/are under serious doubt since one Chandeshwar Singh, son of full brother of Late Sohan Singh, filed an application in the Corporation stating therein 3 that the succession certificate and the other documents/decree have been obtained by the petitioner by practising fraud. It has also been contended that part of post retiral dues was claimed and paid to him by the respondent Corporation. After hearing both sides at length and on perusal of the materials on record, it appears that there is a dispute with regard to the status of the petitioner. The objector namely Chandeshwar Singh is not before the Court as party respondent. Mr. Dixit, learned counsel for the respondent states that the matter be disposed of directing the appropriate authorities of the Corporation to consider the claim of the petitioner in accordance with law and pass appropriate orders thereon. Learned counsel submits that the authorities acting in his own discretion may also call upon the objector (other family members of Late Sohan Singh) to appear and file their response. Learned counsel for the petitioner submits that the authorities in such circumstances may be commanded to take a final decision in the matter within a specified period of time. On a consideration of rival submissions, this Court 4 is satisfied that the present application be disposed of by the following order: Let the petitioner file a detail representation annexing all the documents in his possession claiming appointment on compassionate ground being the adopted son of the employee (Late Sohan Singh) within four weeks from today along with a copy of the order whereafter the respondent No. 2 ( Managing Director of the Corporation) shall consider the claim of the petitioner with reference to materials on record and shall dispose of the said representation in accordance with law within 10 weeks of its filing. PANKAJ KUMAR/- (Kishore K. Mandal, J)