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2000 DIGILAW 839 (PAT)

Amrendra Singh v. State Of Bihar

2000-07-06

L.P.SINGH, NAGENDRA RAI

body2000
Judgment 1. This appeal is directed against the order dated 7.2.2000 passed by a learned Single Judge in C.W.J.C. No. 10000 of 1998 rejecting the prayer of the petitioners-appellants for appointment of appellant no. 1 on compassionate ground. 2. Admittedly, the deceased employee died in 1973. The learned Single Judge has rejected the said prayer on the ground that the scheme of compassionate appointment came into effect in 1977. whereas, the employee had died earlier. Apart from the said ground, there are other cogent grounds to negative the claim of the appellants. 3. Any appointment on the ground of descent is violative of Articles 14 and 16 of the Constitution of India. However, appointment of the dependents of the deceased employee on compassion was held to be a valid law by the Apex Court on the ground that the said provision has been made to provide help to the family of the deceased employee who dies in harness. Appointment on compassionate ground is not given only on the ground that the employee has died in harness, rather the same is to be given only when the family is in financial crisis. 4. In this case, the family of the appellants has met the economic crisis caused due to untimely death of the deceased employee for all these 23 years and at this stage, no direction can be given for appointment on compassionate ground. Any direction to make appointment on the said ground in this case will amount to allowing appointment on compassionate ground as another mode of appointment to the public office. In this State, in every department, there is a long queue of persons waiting for appointment on compassionate ground. General candidates, whose fathers unfortunately are not in Government service, are not getting opportunity to get employment. 5. Be that as it may, in the facts of this case, we are of the opinion that no case for any direction to the respondents to make appointment of appellant no. 2 on compassionate ground is made out. 6. Accordingly, this appeal is dismissed.