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2000 DIGILAW 739 (PAT)

Amin Ansari v. State Of Bihar

2000-05-19

SHIVA KIRTI SINGH

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Judgment 1. Heard the parties. 2. From the writ petition as well as from the counter affidavit filed on behalf of respondents 3 to 5 it is clear that petitioners application for compassionate appointment on account of death of his father in harness on 15.6.1994 has been favourably recommended by the District Compassionate Appointment Committee, Supaul in November 1998. Such a delay of 4 years on the part of the Committee concerned is most unfortunate. Even thereafter the concerned Superintending Engineer, Chief Engineer and the Under Secretary of the Department appear to have been sitting over the matter without showing any urgency. It is most surprising that after the recommendation of the Committee a succession certificate was also required from the petitioner which was submitted on 12.5.2000. 3. The facts noted above disclose a very sorry state of affairs in dealing with an application by a dependent of a deceased government employee for his appointment on compassionate ground. Such appointment has been envisaged only to provide immediate help to the family in distress and such kind of lethargy and delay at the higher levels from where the appointment letter has to be issued deserves condemnation in no uncertain terms. In the opinion of this Court, the Chief Secretary, Bihar should apply his mind to this aspect of compassionate appointment and ensure that a policy decision is taken to fix the limit for offering job on compassionate ground after an application for the same is filed in accordance with existing policy of the Government. Such policy should ensure that no unreasonable delay is caused at any level and in deserving cases covered by the policy decision of the Government, compassionate appointment should be offered to the applicant within a period of six months from the date of making of the application or else explanation and if required, action should be taken against the persons responsible for further delay. These observations have become necessary in view of large number of cases coming to this Court where compassionate appointment is being denied to the applicants for long period for no reasons at all. The matter needs a more humane and urgent consideration at all levels. 4. These observations have become necessary in view of large number of cases coming to this Court where compassionate appointment is being denied to the applicants for long period for no reasons at all. The matter needs a more humane and urgent consideration at all levels. 4. So far as facts of this case are concerned, in the counter affidavit the respondents have taken a stand that the matter for appointment of the petitioner on a class IV post on compassionate ground is still under active consideration and he shall be appointed as soon as possible. In the facts of the case, the concerned respondents are directed to offer suitable employment to the petitioner on a class IV post within two weeks from the date of communication/receipt of a copy of this order before the respondent no. 5, the Chief Engineer (Mechanical), Water Resources Department, Bihar, Patna. On behalf of the petitioner it has been submitted that he has a driving licence and he will be useful as a Driver. The concerned respondents may keep this aspect of the matter in mind while appointing the petitioner. Let a copy of this order be communicated to the Chief Secretary, Bihar for information and necessary action.