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2011 DIGILAW 1021 (PAT)

CHANDRA SHEKHAR CHOUBEY v. STATE OF BIHAR

2011-05-11

J.N.SINGH

body2011
ORDER : From Annexure-1, it appears that the Compassionate Committee, as far back as on 29.06.2010, had recommended for appointment of the 10 petitioners on compassionate ground against regular post of Clerk/Revenue Karamchari in regular pay scale. Pursuant to the said recommendation an office ORDER :no.56/2010-11 dated 03.07.2010, as contained in Annexure-1, was issued from the office of Collector indicating their places of posting. From Annexure-5, it appears that they submitted their joining also. However, some complaints were received, on account of which, by this Annexure-5 dated 07.08.2010, a Three Member Committee was constituted by the Collector to enquire into the complaints against them and in the meanwhile their joining was stayed. 2. Learned counsel for the petitioners submits that while the applications of the petitioners for their compassionate appointment were pending consideration the petitioners had got employment as Panchayat Teachers. However, when they were recommended for appointment against regular posts on Class-III, they resigned from their engagement as Panchayat Teachers and had reported for their joining which was initially accepted, but was later on stayed by Annexure-5. 3. A counter affidavit has been filed on behalf of the respondents. Along with this counter affidavit a letter of the Collector dated 02.04.2011 addressed to the Principal Secretary is enclosed as Annexure-A. 4. This Annexure-A appears to be the report of the Three Member Committee in respect of the complaints received against the appointment of the petitioners. The report does not disclose that any complaint was received by the respondents in respect of the eligibility of the petitioners for their compassionate appointment on regular Class-III posts under the regular establishment of Collectorate. The report only refers to some letters of the Government and some ORDER :s of this Court and some guidelines have been sought for from the Department. In the counter affidavit also there is no pleading that the initial recommendation of the Compassionate Committee in favour of the petitioners for their appointment against regular Class-III posts was doubted or was found not in accordance with law, nor there is anything in the counter affidavit to show that there was any dispute in respect of eligibility or entitlement of the petitioners for compassionate appointment on regular Class-III posts. 5. 5. Learned counsel for the State also submits that it was only in the light of the Government letters and some JUDGMENT :s of this Court that some guidelines has been sought for from the Department by the Committee. 6. This is a matter of compassionate appointment in which there is always an element of urgency to give solace to the family of the deceased Government servant. The ORDER :of appointment of the petitioners is dated 03.07.2010. This writ application was filed on 19.01.2011 and when respondents were required to file counter affidavit then only Committee has submitted its report and has sought for guidelines from the Department, vide letter dated 02.04.2011. This casual approach by the respondents in the matter of compassionate appointment has to be deprecated. 7. Since the respondents have not doubted the correctness of the proceeding of the Compassionate Committee or consequent ORDER :of appointment of the petitioners, as contained in Annexure-1, or the eligibility or entitlement of the petitioners for their compassionate appointment, this Court directs the respondents to immediately accept the joining of the petitioners and allow them to work on their respective posts and start payment of salary of the petitioners immediately so that the bereaved families may get some relief. 8. In the ORDER :dated 03.03.2011, this Court had made it clear that in case the appointment of the petitioners are found to be valid, the respondents shall not take a plea that they are not entitled for their salary from the date of submission of their joining on the ground that they have not worked. From the counter affidavit, it is clear that the respondents have not found the appointments of the petitioners invalid. 9. In the circumstances, this Court directs the respondents to release arrears of salary of the petitioners calculating from the date of submission of their initial joining itself positively within a period of two months from the date of receipt/production of a copy of this ORDER :. 10. As a result, this writ application is allowed with the aforesaid observations and directions.