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2005 DIGILAW 40 (SC)

SYED KHADIM HUSSAIN v. STATE OF BIHAR

2005-01-07

K.G.BALAKRISHNAN, TARUN CHATTERJEE

body2005
ORDER 1. Leave granted. 2. The appellant's father was working as a peon in the Public Works Department of the Government of Bihar. He died in harness on 12-9-1991 leaving behind the widow and five minor children. After the death of the appellant's father the appellant's mother submitted an application for appointment on compassionate grounds on 2-4-1993. This application was within time but it was rejected for the reason that it was not in the prescribed pro forma. The appellant herein was a child aged about 9 years at the time of the death of his father. He submitted an application on 7-9-1995. This application was rejected by the authorities on 12-10-2001 by holding that the appellant at the time of filing the application was aged only 13 years and 3 months and 23 days old and, therefore, he could not be appointed in government service. 3. The appellant challenged the rejection of his application by way of a writ petition. Both the Single Judge as well as the Division Bench rejected the same on the ground that the application was belated and it should have been filed within five years from the date of death of the employee. This was challenged before us by way of this appeal. 4. We have heard the appellant's counsel and counsel for the respondent. Counsel for the appellant points out that after the death of the government servant his wife submitted an application and it was rejected without giving any reasons and the counsel for the State submits that the same must have been rejected as it was not in the prescribed format. If the applicant had not submitted the application in the prescribed format the State authorities should have asked the applicant to submit the application in the prescribed format giving out the details of the procedure. In the matters of compassionate appointments the authorities should extend the service in an effective manner so that the eligible candidate may avail the opportunity. Though the orders of rejection of the application of the appellant's mother was not challenged the appellant pursued the matter and submitted the application later. The contention of the counsel for the State is that the application filed after 5 years after the date of death of the government employee will not be considered and he further submitted that the application filed on 7-9-1995 was rightly rejected by the authorities. The contention of the counsel for the State is that the application filed after 5 years after the date of death of the government employee will not be considered and he further submitted that the application filed on 7-9-1995 was rightly rejected by the authorities. 5. We are unable to accept the contention of the counsel for the State. In the instant case, the widow had applied for appointment within the prescribed period and without assigning any "reasons the same was rejected. When the appellant submitted the application he was 13 years' old and the application was rejected after a period of six years and that too without giving any reason and the reason given by the authorities was incorrect as at the time of rejection of the application he must have crossed 18 years and he could have been very well considered for appointment. Of course, in the rules framed by the State there is no specific provision as to what should be done in case the dependents are minors and there would be any relaxation of age incase they did not attain majority within the prescribed period for submitting application. 6. As the widow had submitted the application in time the authorities should have considered her application. As eleven years have passed she would not be in a position to join the government service. In our opinion, this is a fit case where the appellant should have been considered in her place for appointment. Counsel for the State could not point out any other circumstance for which the appellant would be disentitled to be considered for appointment. In the peculiar facts and circumstances of this case, we direct the respondent authorities to consider the application of the appellant and give him appropriate appointment within a reasonable time at least within a period of three months. The appeal is disposed of in the above terms. No costs.