Abhishek Kumar vs State of Jharkhand

Ananda Sen, J

By filing this writ petition, the petitioner has sought for following reliefs:-

I. “For issuance of appropriate writ(s), order(s), direction(s) in the nature of mandamus commanding upon the respondents particularly respondent No.3 to consider the representation made by the petitioner to make payment of certain amount from the salary of Respondent No.4 (Child Police-219, Abhinash Kumar) to the petitioner taking into consideration the facts that the said Respondent No.4 has been appointed as Child Police on the compassionate ground in the department in place of the Police No.-519, Late Ravi Ranjan Kumar who happened to be the father of the petitioner, Respondent No.4 and one daughter Jagriti Kumari but the said Respondent No.4 is neither maintaining the petitioner nor he is bearing any expenses of his study whereas the petitioner is preparing for NEET examination living at Kota, Rajasthan as such the respondent No.4 has left his brother, the petitioner in very disparate situation against the undertaking given by him on oath at the time of getting appointment on the said compassionate ground in the department.”

It is the case of the petitioner that his brother i.e. respondent No.4 was appointed on compassionate ground by the State of Jharkhand on death of his father. The grievance of the petitioner is that he is studying in Kota but his brother i.e. respondent No.4 is not looking after him or any other family members. Thus, he wants that some portion of salary of respondent No.4 be deducted and be disbursed to him.

The relief which has been sought for by the petitioner cannot be granted, exercising jurisdiction under Article 226 of the Constitution of India. This dispute is a family dispute between two brothers which cannot be resolved under Article 226 of the Constitution of India.

Thus, this writ petition being misconceived, stands

The petitioner may avail other remedies available to him.