Writ petition seeking compassionate appointment on the ground that the petitioner's father died in harness in 1985 and a committee had recommended his name. The court found the petitioner was a minor then and the delay of about 38 years defeated the scheme's object, dismissing the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12973 of 2015
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Madan Ram son of Late Ramdeo Ram, Resident of Ambedkar Nagar, Jehanabad, P.S.- Jehanabad in the district of Jehanabad
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 04-10-2023
The present writ petition has been filed for directing the Civil Surgeon cum Chief Medical Officer, Gaya to appoint the petitioner on compassionate ground.
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his father, whereupon his case was placed before the District Compassionate Appointment Committee, Gaya in its meeting held on 21.01.1986 and the Committee had then recommended the name of the petitioner for appointment on compassionate ground, however, it is the case of the petitioner that till date he has not been appointed on compassionate ground.
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application for compassionate employment i.e. five years from the date of death of the deceased employee, the petitioner had not attained majority, hence his case was not considered for the purposes of compassionate employment.
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the petitioner is 1985, thus he was about 10 years of age when his case was recommended for grant of compassionate appointment, thus, he being a minor at that moment of time, could not be granted compassionate employment.
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scheme is to enable the family to get over the financial crisis, which it faces at the time of the death of the sole breadwinner, thus, the case of the petitioner for grant of compassionate employment merits no consideration. It would be apt to refer to a judgment, rendered by the Hon’ble Apex Court in the case of Umesh Kumar Nagpal vs. State of Haryana & Others , reported in (1994) 4 SCC 138, paragraph no. 6 whereof is reproduced herein below:-
“6. For these very reasons, the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, the compassionate employment cannot be claimed and offered after the lapse of time and after the crisis is over.”
Having regard to the facts and
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circumstances of the case and for the reasons mentioned herein above, I do not find any merit in the present writ petition, hence, the same stands dismissed.
(Mohit Kumar Shah, J)
S.Sb/-
| AFR/NAFR | AFR |
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| CAV DATE | N/A |
| Uploading Date | 18.10.2023 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the petitioner was entitled to compassionate appointment decades after his father's death in 1985, when he was a minor at the time of the Committee's recommendation.
Colour shows how this judgement treated each authority
Umesh Kumar Nagpal vs. State of Haryana & OthersRelied on¶5
(1994) 4 SCC 138 · Who else cites this
Madan Ram
The State of Bihar
The Principal Secretary, Department of Health, Government of Bihar, Patna
The District Compassionate Appointment Committee through its Chairman-cum-District Magistrate, Gaya
The District Magistrate-cum-Collector, Gaya
The Civil Surgeon-cum-Chief Medical Officer, Gaya
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
