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Patna High Court

Om PrakashversusIndian Oil Corporation Limited and Anr

Decided
Disposal
WITHDRAWN

Holding

The writ application is disposed of as withdrawn, with liberty granted to the younger brother to pursue his own compassionate appointment application.

Summary

The petitioner, Om Prakash, elder son of the late Shiv Chandra Paswan, filed a writ application seeking a compassionate appointment on a Grade ‘A’ post under option R‑3 of the Indian Oil Corporation Limited (IOCL) Rehabilitation Scheme. He claimed that his family was in a pitiable condition and requested the appointment on compassionate grounds. During the pendency of the application, the petitioner secured employment with NTPC Ltd. and consequently withdrew his claim for the compassionate appointment. The court noted that the younger brother, Ravi Prakash, had filed a separate application for a similar compassionate appointment. Without addressing the merits of the original claim, the court granted Ravi Prakash liberty to pursue his application and disposed of the petitioner’s writ as withdrawn.

Issues considered

  • Whether the petitioner is entitled to a compassionate appointment under the IOCL Rehabilitation Scheme

Subjects

  • compassionate appointment
  • rehabilitation scheme
  • IOCL
  • writ jurisdiction
  • withdrawn application
  • liberty to pursue

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12448 of 2018
                 ======================================================
                 Om Prakash S/o Late Sheo Chandra Paswan, Resident of Village- Rajapur,
                 P.S.- Bachwara, District- Begusarai.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    Indian Oil Corporation Limited
           2.    The Assistant Manager ER, Indian Oil Corporation Limited, Barauni
                 Refinery, P.O. Barauni Refinery,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Shubhangi Pandey, Advocate
                                                 Mrs. Pushpa Sinha, Advocate
                 For the Respondent/s     :      Mr. Ankit Katriyar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   06-02-2026                      The petitioner has filed the instant application for

                   the following reliefs:

                                        “That this is an application for direction to the
                                        Respondents for appointment on the post of
                                        Grade 'A' under option R-3 of Rehabilitation
                                        Scheme forthwith as condition of petitioner and
                                        bothers and sisters have become very pitiable.”
                                 2. It is submitted by learned counsel for the petitioner

                   that the instant application was filed by the elder son of Late

                   Shiv Chandra Paswan for a direction to the respondents to

                   appoint him on compassionate ground. During pendency of the

                   instant application the petitioner having secured employment in

                   NTPC Ltd., he no longer presses his claim for appointment on

                   compassionate ground under the Scheme of IOCL.
          Patna High Court CWJC No.12448 of 2018(5) dt.06-02-2026
                                                     2/2




                                3. Learned counsel further submits that in view of the

                    above facts and circumstances of the case, the younger son of

                    Late Shiv Chandra Paswan namely, Ravi Prakash has filed an

                    application for compassionate appointment with IOCL.

                                4. Without entering into the merits of the case, Ravi

                    Prakash is granted liberty to pursue his application with the

                    IOCL.

                                5. The writ application stands disposed of as

                    withdrawn with the aforesaid liberty.



                                               (Partha Sarthy, J)
Bibhash

U


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