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2002 DIGILAW 168 (JHR)

Sunil Pratap v. State Of Bihar

2002-02-13

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. Heard learned Counsel for the parties. 2. This case relates to compassionate appointment. The petitioners father was in the police service posted as Assistant Sub-Inspector. He died on 13.6.1999. The petitioner being the eldest son of the deceased, filed an application for compassionate appointment before Senior Superintendent of Police. It is stated in the writ petition that the deceased father of the petitioner was involved in false criminal case for an offence under Sections 341, 323, 426. 337 and 498(A) of the Indian Penal Code at the instance of the second daughter-in-law. 3. A counter-affidavit has been filed in this case, wherein it is stated that the application of the petitioner for compassionate appointment was verified by the authority and in course of verification it was found that altogether three criminal cases have been registered against the petitioner. One Sukhdeo Nagar P.S. Case No, 220/99 dated 4.6.99 was registered against the father of the petitioner including the petitioner. The petitioners father was arrested in connection with the aforesaid case but he was absconded from the police custody and, therefore, another case being Sukhdeo Nagar P.S. Case No. 231/99 dated 12.6.99 has been registered, wherein the petitioner was also made an accused and charge-sheet has been submitted against him. On the next day, the dead-body of the father of the petitioner was found hanging on a tree. It is further stated that another criminal case was registered under Sections 419. 420 and 384, IPC. The respondents, therefore, vide letter dated 8.9.2000 informed the petitioner that since he is charge-sheeted in three criminal cases, the cannot be appointed on compassionate ground. 4. Mr. Prasad, learned Counsel for the petitioner, submitted that in one of the cases instituted under Section 498-A, the petitioner has been acquitted. However, in two other criminal cases no judgment of conviction has been passed against the petitioner and further charge-sheet has been submitted during pendency of the writ application, 5. The compassionate appointment is neither a fundamental right nor a right flow from any statute. It is the policy decision of the Government by framing rule to give appointment on compassionate ground subject to the full satisfaction of the authority that denial of compassionate appointment will cause serious financial crisis and the members of the family shall be deprived of their livelihood and they shall be put in starvation. It is the policy decision of the Government by framing rule to give appointment on compassionate ground subject to the full satisfaction of the authority that denial of compassionate appointment will cause serious financial crisis and the members of the family shall be deprived of their livelihood and they shall be put in starvation. Merely because an employee dies, his or her son and daughter cannot claim as a matter of right appointment on compassionate ground. The petitioners father was in police service, which requires very clean image and persons of discipline and integrity. A person, against whom criminal cases are pending cannot ask this Court to issue a writ of mandamus directing the Government to appoint him on compassionate ground notwithstanding pendency of criminal cases against him. 6. For all these reasons. I do not find any merit in this writ application, which is accordingly dismissed.