Petitioners sought appointment on compassionate grounds due to a family member's death in caste violence. The court dismissed the plea, upholding Government Memo 4157 which bars such appointments following prior Judicial Commission rulings.
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.13187 of 2013
===========================================================
Versus
===========================================================
Appearance :
For the Petitioner/s : M/s Ajay Kumar Singh and Raj Kumar, Advs. For the Respondent/s : M/s Anil Kumar Singh & Nawal Kishor Singh, Advs.
===========================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-12-2016
Heard learned counsel for the petitioners and learned
counsel for the State.
In the present case, petitioners are seeking appointment
of compassionate ground on the ground of caste violence in which one
Patna High Court CWJC No.13187 of 2013 dt.05-12-2016
2/2
of the family member of the petitioner had died, they have placed reliance that the Government had assured appointment of one of the family members and direction was also given for such appointment but later stage, the question of appointment of caste line, came for consideration in C.W.J.C. No. 11098 of 2005 and this Court, vide order dated 17.04.2007, found that the Scheme of such appointment does not qualify the test of Article 14 of Constitution of India and the said judgment was tested in L.P.A. No. 449 of 2007, the view of Writ Court has been upheld, in such circumstances, the Government has taken a policy decision, vide Memo no. 4157 dated 18th June 2009, holding that in such event, the loss of life cannot be a basis for appointment on compassionate ground.
In such circumstances, in view of the policy decision of the Government and in pursuance of the order of this Court, this Court cannot give direction for appointment of the petitioners on account of loss of life of one of the family members in the aforesaid violence.
Accordingly, this petition is dismissed.
(Shivaji Pandey, J)
| Mahesh/- | |
|---|---|
| AFR/NAFR |
NAFR |
| CAVDATE |
N/A |
| UploadingDate |
14.12.2016 |
| Transmission Date |
2 issues framed by the court
Whether the petitioners are entitled to appointment on compassionate grounds despite Government policy barring such appointments following caste-related deaths.
Whether the Government policyMemo no. 4157 dated 18th June 2009 holds appointment on compassionate ground for caste violence deaths unconstitutional under Article 14.
Dinesh Kumar
Vidyanand Sharma
Akbali Kumari
Gopal Kumar
Pushpa Rani
Ramashish Kumar
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
