The High Court held that a second son is entitled to compassionate appointment even if another son is already in service, relying on the government order's definition of family dependent on the deceased.
The rejection of the petitioner's application was set aside and the District Compassionate Appointment Committee was directed to reconsider.
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
Civil Writ Jurisdiction Case No.10623 of 2012
====================================================== 1. Santosh Kumar Son Of Late Rambriksh Paswan Resident Of Village & P.O. Isua, Police Station - Sarmera, District - Nalanda
.... .... Petitioners
Versus 1. The State Of Bihar
.... .... Respondent/s
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER
2 27-07-2012 This writ petition has been filed by the petitioner seeking writ of certiorari to quash the order dated 17.12.2011 passed by the District Compassionate Appointment Committee, Nalanda at Biharsharif by which the application of the petitioner for appointment under dying in harness rules has been rejected.
The application for appointment under dying in harness rules has been rejected on the ground that at the time of
Patna High Court CWJC No.10623 of 2012 (2) dt.27-07-2012
2 / 3
death of the petitioner’s father who died in harness one son of the deceased was in service in the department of railways. The deceased was an employee of State of Bihar. He was head clerk in the office of Executive Engineer, Waterways Division, Nalanda, Biharshariff.
The appointment in dying in harness is governed by the Government order issued by the State of Bihar from time to time in its executive power under Article 162 of the Constitution of India. No rule under Article-309 proviso-2 has been placed before me, which specifically provides that the benefit of compassionate appointment shall be available to only one dependent of the deceased. Thus, dependent of deceased is to be read along with the definition of the family given in the government order. The family is defined containing the wife of deceased, son, unmarried daughter and widow of the son. It is a settled law that the definition of the family has to be considered in the context the word ‘family’ has been used in the context of dependency not as a whole.
Thus, if at the time of death a son is in employment will not be a ground for rejecting the application of the dependent son, who was not in service and is entitled for appointment in dying in harness rule as he will fall within the meaning of the
Patna High Court CWJC No.10623 of 2012 (2) dt.27-07-2012
3 / 3
definition of the family being dependent on the deceased.
The learned State Counsel Mr. Dhurandhar Kumar, A.C. to S.C.16 submitted that the Division Bench in L.P.A. held that if the son is employed the claim does not go to the other son.
I have perused the judgment carefully, the rules as explained above have not been taken in account in the said judgment.
Thus, the rejection of the application of the petitioner on that ground is contrary to the Government order and is hereby set aside. The writ petition is allowed. The District Compassionate Appointment Committee, Nalanda at Biharsharif is directed to re-consider the application of the petitioner for appointment under dying in harness rules.
(Prakash Chandra Verma, J)
Mkr./-
3 issues framed by the court
Whether rejection of appointment on grounds of a sibling already being in service violates the definition of dependent family.
Whether a Government order allows compassionate appointment when a son of the deceased is already in service.
Whether the law regarding the definition of 'family' in the context of dependency supports the petitioner's claim.
Colour shows how this judgement treated each authority
L.P.A.Distinguished¶20
Santosh Kumar Son Of Late Rambriksh Paswan
The State Of Bihar
The District Compassionate Appointment Committee
The Collector, Nalanda
The Executive Engineer, Jal Path Pramandal
Block Development Officer, Sarmera
Prakash Chandra Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
