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Patna High Court

Ajay Kumar RouthversusUnion of India

Decided
Disposal
DISMISSED

Holding

The petitioner is not eligible for compassionate appointment because the death did not occur due to a work accident as required by the policy.

Summary

The petitioner, son of a deceased Oil India employee who died of a brain stroke while at work, filed a writ petition seeking appointment on compassionate grounds under the company's recruitment policy. The petitioner argued that his father's death left his family without income and that the policy should grant him a job. The respondents contended that the policy only provides such benefits when an employee dies due to a work accident at the place of work, which was not the case here. The court examined the relevant clause of the recruitment policy, which limits benefits to deaths caused by work accidents. Finding that the father's death was due to a medical condition and not a work accident, the court held that the petitioner was not eligible for compassionate appointment. Consequently, the petition was dismissed.

Issues considered

  • Whether the petitioner is entitled to appointment on compassionate grounds under Oil India's recruitment policy when his father died of a brain stroke and not a work accident.

Subjects

  • compassionate appointment
  • recruitment policy
  • work accident
  • eligibility
  • Oil India Limited
  • civil writ jurisdiction
  • dependent benefits

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.61 of 2022
                 ======================================================
                 Ajay Kumar Routh Son of Late Lalan Routh, Permanent Resident of Near
                 Siliguri, Hope Foundation Devidanga, Kalabari Road, P.O. -Champasari, P.S.
                 Pnadhan Nagar, Dist. . Darjiling, PIN . 734003, West Bengal. Presently
                 Residing at Quarter No. A/3 Oil Housing Colony Near Jubilee Dhaba, P.O..
                 Ulao, P.S.. Singhauli, District Begusarai, Bihar . 85113.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     Union of India through Secretary, Department of Petroleum and Natural
                  Gas, Govt. of India, New Delhi.
           2.    The Oil India Limited through Chairman and Managing Director (CMD),
                 Oil India Limited corporate office, Plot no. 19, Sector 16A, Noida, Uttar
                 Pradesh . 201301.
           3.    The President and Chief Executive, Oil India Limited registered office
                 Duliajan, Assam 786602.
           4.    Chief General Manager Pipeline service Pipeline Oil India Ltd. Head quarter
                 P.O.. Udayan Vihar, Narangi, P.S. Satgaon, Distt. Kamrup, Guwahati .
                 Assam 781171.
           5.    Chief General Manager (Administration and Co.ordinator) PIO, Oil India
                 Limited Pipeline Headquarter Oil India Limited Narengu, Guwahati 781171,
                 Assam.
           6.    The Deputy General Manager (ER) Oil India Limited P.O. and P.S.. Diliajan,
                 Assam 786602.
           7.    The Additional General Manager (ER) Pipeline, Guwahati
           8.    Sr. Manager (ER) Pipeline, Guwahati
           9.     The Executive Director (HR), Pipeline, Oil India Ltd. P.O. Udayan Vihar,
                  Guwahati 781171 Assam.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Bishnu Kant Dubey, Advocate
                 For the Respondent/s     :    Mr. Radhika Raman, Sr.CGC
                                               Mr. Ram Tujabh Singh, CGC
                 For the Oil India Ltd.   :    Mr. J.P.Singh, Sr. Advocate
                                               Mr. Arbind Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   21.04.2026                  1. Heard learned counsel for the petitioner and learned

                   counsel for the Oil India Limited.

                                2. The petitioner has filed the instant application for a

                   direction to the respondents to appoint the petitioner on
Patna High Court CWJC No.61 of 2022(5) dt.21.04.2026
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          compassionate ground as his father, an employee of Oil India

          Limited, died in harness on 21.5.2020.

                       3. The case of the petitioner in brief is that his father,

          who was working as a Sanitary Cleaner, Grade-2, in the Pipeline

          Department of Oil India Limited and was posted at Guwahati in

          the State of Assam, was transferred in the year 2015 to

          Begusarai. On 20.5.2020, he suffered brain stroke in the office

          at Barauni and died on the next date ie 21.5.2020 in course of

          treatment at Patna.

                       4. The case of the petitioner is that his mother had

          predeceased his father. The petitioner's father having died

          leaving behind the petitioner, his brother and two sisters with no

          source of income, he filed a representation for appointment on

          compassionate ground.

                       5. It is submitted by learned counsel for the petitioner

          that the respondents not having appointed him on compassionate

          ground nor having responded to his application, in view of the

          family facing acute financial crunch, the petitioner filed the

          instant application. The application be allowed and the

          respondents       be    directed        to   appoint   the   petitioner   on

          compassionate ground.

                       6. The application is opposed by learned counsel for

          the respondent nos. 2 to 9. Referring to the counter affidavit
Patna High Court CWJC No.61 of 2022(5) dt.21.04.2026
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          filed, it is submitted by learned counsel that as per the

          Recruitment Policy, only when an employee dies due to work

          accident at the place of work that an eligible son is entitled for

          employment and further, in case the deceased employee does

          not have any eligible son, the nominee of deceased employee is

          paid an additional amount of Rs. 5 lakhs.

                       7. Learned counsel submits that the father of the

          petitioner not having died due to work accident at the place of

          work, the petitioner is not entitled for the benefits as per the

          Recruitment Policy brought on record as an Annexure-D to the

          counter affidavit.

                       8. Having heard learned counsel for the parties and

          having perused the material on record, the relevant clause 2.0 of

          the Recruitment Policy dated 21.3.2003 (Annexure-D) of the Oil

          India Company is reproduced herein below for ready reference:-

                             “2.0 If an employee dies due to work accident at
                             the place of work, his/her dependents will be
                             eligible to get one of the following two benefits
                             from the Company :-
                             (A) Immediate employment to only an eligible
                             son at the material time.
                                                       OR
                             (B) If at the material time the deceased employee
                             does not have any eligible son for employment,
                             the nominee of the deceased employeе will be
                             paid an additional amount of Rs. 5.00 lakhs
          Patna High Court CWJC No.61 of 2022(5) dt.21.04.2026
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                                       (Rupees five lakhs) only and there will be no
                                       preferential employment to any dependent.
                                       However, son of such deceased employee will be
                                       given priority in the normal course of unskilled
                                       recruitment along with others, if otherwise
                                       eligible.”
                                 9. Even as per the case of the petitioner, his father

                    sustained brain stroke on 20.5.2020 while at work in the

                    Pipeline Department of Barauni Pump Station. He was taken to

                    the local hospital at Begusarai from where he was shifted to

                    Paras Hospital, Patna where he passed away on 21.5.2020.

                                 10. In view of the facts of the case and even as per the

                    stand of the petitioner, it cannot be said that his father died ‘due

                    to work accident at the place of work’.

                                 11. Thus, in the facts and circumstances of the case in

                    the opinion of the Court, the petitioner will not be entitled for

                    being appointed on compassionate ground as per the policy of

                    the Oil India Limited.

                                 12. The Court finds no merit in the instant application

                    and the same is dismissed.


Bibhash                                                          (Partha Sarthy, J)
U


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