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2001 DIGILAW 658 (JHR)

Reveka Gari v. State Of Bihar

2001-09-12

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Heard the counsel for the parties. 2. The petitioners, who are the widow and sons of the deceased employee of the respondent-RINPAS after having been appointed on compassionate ground and worked for about five years, have been terminated on the ground that the Superintendent at the relevant time was not competent to make such appointment. 3. The case of the respondents is that, by virtue of the order passed by the Supreme Court in writ petition (Civil) No. 339/86, the respondents became Autonomous Body with effect from 1.10.1994 and since then it is being managed by the Governing Body headed by the Divisional Commissioner as Chairman with other members. 4. In view of the Supreme Court order, prima facie, the Superintendent of RINPAS had no authority to make such appointment and, therefore the appointment of the petitioners made in 1995 cannot be legalised by any order passed by this Court. However, the fact remains that how far the action of the respondents in removing the petitioners who are the widow and sons of the deceased employee and who were appointed five years back on compassionate ground and worked for about five years, is correct. 5. From perusal of the documents annexed with the writ petition and the supplementary affidavit it appears that before passing the order of termination various correspondences have been made by and between the Director and the Divisional Commissioner of the respondent on the one hand and the Deputy commissioner and the Divisional Commissioner and the Director, on the other hand. It is also not disputed that the appointment of the petitioners on compassionate ground was subsequently approved by the District Establishment Committee in its meeting held on 28.11.1995. 6. Mr. A.K. Sinha, learned Sr. Counsel appearing on behalf of the respondent- RINPAS, submitted that in view of the guidelines formulated by the Supreme Court for reducing the surplus employees, the Managing Committee took a decision not to make any appointment on compassionate ground. Learned counsel further submitted that basically the deceased employee was the State Government employee and the State Government is the competent authority to accommodate the petitioners in the Health Department. Learned counsel further submitted that basically the deceased employee was the State Government employee and the State Government is the competent authority to accommodate the petitioners in the Health Department. Similar argument was made by the learned counsel in similar case being CWJC No. 2734/99 and a Bench of this Court, in terms of Order dated 11.4.2001, disposed of the writ application with a direction to the petitioners to file representation before the Secretary, Health Department, Government of Jharkhand enclosing a copy of the recommendation made by the District Compassionate Appointment Committee and other relevant correspondences made by the Divisional Commissioner and the Director of the respondent-RINPAS. It was further directed that if such representation is filed, the secretary, Health Department, Government of Jharkhand shall consider the representation and pass reasoned order within a specified time. 7. In the facts and circumstances of the case, without interfering with the impugned order, I dispose of this writ application with a direction to the petitioners to file a detailed representation before the Secretary, Health Department, Government of Jharkhand enclosing a copy of the recommendation made by the District Compassionate Appointment Committee as also other relevant documents referred to hereianbove, within two weeks from today. If such representation is filed by the petitioners, the Secretary, Health Department. Government of Jharkhand will consider the cases of the petitioners, for appointment on compassionate ground giving due regard to the recommendation made, by the District Compassionate Appointment committee and take a decision by passing a reasoned order for appointment of the petitioners on compassionate ground against the vacancies available in the Health Department. The representation shall be disposed of by the Secretary, Health Department, as aforesaid, within two months from the date of filing of the representation. 7. Writ disposed of with directions.