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2002 DIGILAW 1404 (PAT)

Ranjit Kumar Ray v. State Of Bihar

2002-12-11

SHASHANK KR.SINGH

body2002
Judgment 1. The present writ application has been filed for appointment of the petitioner on compassionate ground as his father, who was employed on class-IV post in Saharsa Forest Extension Division, died in harness on 14.12.99. 2. The mother of the petitioner applied for appointment on 4.1.2000 stating herein that the petitioner being her son was looking after her. It does not transpire that any other family member is employed with the State Government. There is nothing on the record to show that the present income of the mother of the petitioner is sufficient to meet her needs rather the petitioners application for compassionate appointment was considered by the District Compassionate Committee and rejected on 8.12.2001, as it has been contended therein that the petitioner was not major on the day his father died. The admitted fact is that the petitioner attained majority only 14 days after his father died, i.e., on 2nd January, 2000. On the date when the application had been made, he was already major. The application had been made in time. This cannot be a ground for rejecting the application of the petitioner for appointment on compassionate ground. 3. The policy decision had been made tor making such an appointment to mitigate the immediate need of the bereaved family, as mitigating of the immediate needs means that the appointment should be made immediately after the death of the deceased Government employee so that the sudden loss to the family be met to some extent. 4. Taking into consideration the aforesaid facts, this court in serveral cases has held that this being not a mode of appointmnent and the same cannot wait till the deceaseds dependant attains majority. This does not also preclude the appointment of the deceaseds dependant, if immediately after the death of the father, he attains majority. The respondents have to understand this fact and appreciate the exigency in which such applications are to be scrutinised and appointment letter issued. Unnecessary delay is being made and the suffering of the family of the deceased, which is required to be shared, in view of the Government policy is brought to nullity. 5. The respondents have to understand this fact and appreciate the exigency in which such applications are to be scrutinised and appointment letter issued. Unnecessary delay is being made and the suffering of the family of the deceased, which is required to be shared, in view of the Government policy is brought to nullity. 5. For the reasons stated above the stand of the respondents as per the counter affidavit cannot be accepted and the meaning, which they are attributing to Annexure-B, has to be read in the context it is required to be made and the District Compassionate Committee is directed to consider the application of the petitioner afresh and pass appropriate order in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. 6. With the aforesaid observations/directions, this writ application is disposed of.