Patna High Court
Ajay Kumar RouthversusUnion of India
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
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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