Petitioner sought compassionate appointment after mother's death while father was in superannuation. Court relied on a circular barring such appointments if the surviving spouse received retirement benefits and dismissed the application despite petitioner's claim of separation.
Application for compassionate appointment dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1176 of 2010
1. KAILASH KUMAR DAS S/O LAKHAN LAL DAS R/O RAHIKA TOLA, KRISHNA
NAGAR,P.S.ARARIA,DISTT-ARARIA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE ARARIA
3. THE CIVIL SUREGON - CUM CHIEF MEDICAL OFFICER ARARIA
4. THE ESTABLISHMENT DEPUTY COLLECTOR ARARIA
For the Petitioner: Dr. Mayanand Jha, Adv. Mr. Anup Kr. Chongdar, Adv. For the State : Mr. Amish Kumar, A.C. to S.C.18. ----------- 3/ 03/08/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner is aggrieved by the order dated
4.8.2009 declining his request for consideration of his
claim for compassionate appointment based on a Government circular dated 5.10.1991 that where both
the husband and the wife were in Government service, compassionate appointment cannot be granted.
It is not in controversy that both the father
and the mother of the petitioner were in Government service. The father superannuated and is drawing superannuation benefits. The mother has died in harness on 8.9.2008 leading to the present application for compassionate appointment.
Learned counsel for the petitioner relies on a Bench decision reported in 2000(2) P.L.J.R. 203 (Dilip Kumar Das vs. State of Bihar) holding that an
appointment on compassionate ground on the death of one spouse in service while the other spouse may have superannuated was not contrary to law.
Learned counsel for the State has relied upon a Division Bench judgement of this Court reported in 2000(4) P.L.J.R. 651 (Ashok Kumar Choudhary vs. State of Bihar & Ors.).
The Division Bench has held that appointment on compassionate grounds is an exception to the normal mode of appointment by selection and merit. It makes an inroad into Article-14 of the Constitution as every time a person is appointed on the grounds of descent it is at the cost of another genuine candidate. In a dwindling market of jobs with the escalating desire for the safety of a Government job there will have to be a limit to compassionate appointments which shall have to be strictly in accordance with Government circulars and orders. The circular in question has been considered in paragraph-12 of the judgement of the division bench holding at paragraph-13 specifically that the very fact that the other spouse after superannuation was getting retiral benefits was sufficient evidence that the family of the other deceased spouse was not in penury and had a source of livelihood. Compassionate appointment, therefore, on a proper
interpretation of the circular could not be granted in such a case.
The petitioner appears to have attempted to build up a case of a separation between his parents during their life time for the last 25 years. It is based on an affidavit allegedly sworn in by his mother on 30.6.2008 even prior to her death stating that after her the petitioner may be considered for compassionate appointment.
This Court refrains from recording any observations except that it appears to be a document manufactured for the present purpose. In any view of the matter, such an affidavit makes no difference in view of the nature of the claim and unambiguous nature of the circular regulating such appointment. There is no merit in this application. It is accordingly dismissed. KC ( Navin Sinha, J.)
3 issues framed by the court
Whether compassionate appointment can be granted when both spouses were in Government service, one deceased and the other superannuated.
Whether a separation between parents affects the claim for compassionate appointment under the existing Government circular.
Whether the affidavit of separation sworn by the petitioner's mother prior to her death is material to the claim.
Colour shows how this judgement treated each authority
Dilip Kumar Das vs. State of BiharReferred¶16
2000(2) P.L.J.R. 203
Ashok Kumar Choudhary vs. State of Bihar & Ors.Relied on¶19
2000(4) P.L.J.R. 651
Kailash Kumar Das
The State of Bihar
The District Magistrate Araria
The Civil Suregon-cum Chief Medical Officer Araria
The Establishment Deputy Collector Araria
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court