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2012 DIGILAW 366 (PAT)

Pankaj Kumar v. State of Bihar

2012-02-29

JAYANANDAN SINGH

body2012
Order Matters similar to the present case have come up before this Court more than once recently. It has been pointed out that in the matters of compassionate appointment authorities do not adopt uniform policy and do not take their decision in respect of the applicants for compassionate appointment against the vacancies applying uniform yardstick and consideration. It has been pointed out that in a large number of cases, one set of candidates falling under identical situation with identical qualification or with lesser qualification are recommended and appointed on Class-III posts whereas others are recommended only for appointment on Class-IV posts. It has also been pointed out that the applications for compassionate appointment remain pending with the authorities for quite long and only when considerable numbers of applications are collected, the same are processed and placed before the Compassionate Committee for their recommendation. Many a times, this takes months and years and the applications for compassionate appointment are finally placed before the Compassionate Committee after 2, 3, 4 or 5 years. 2. The object of compassionate appointment is to mitigate the hardship of the bereaved family facing crisis on account of sudden death of the bread earner of the family. Solely for this reason, law on compassionate appointment has been upheld by this Court and by the Apex Court. But if by the action of the respondents the very object of compassionate appointment is frustrated, then their action may become vulnerable to challenge. Secondly, appointment on compassionate ground is also a public appointment. In every public appointment, Articles 14 and 16 of the Constitution of India applies, which means that amongst the applicants for compassionate appointment, equality of consideration and equality in respect of yardstick to be applied for their recommendation for compassionate appointment must be maintained. 3. In no case, respondents have shown to this Court that any such policy has been formulated by the Government to be applicable to the applicants for compassionate appointment. Many a times, result has been that the Compassionate Committee and the Appointing Authority have practiced pick and choose in recommending the candidates for their appointment' against Class III posts or Class-IV posts. This Court, therefore, while disposing of the earlier writ application has directed the respondents to hold meeting of Compassionate Committee at least every quarter of the year even if only one application is pending for consideration. This Court, therefore, while disposing of the earlier writ application has directed the respondents to hold meeting of Compassionate Committee at least every quarter of the year even if only one application is pending for consideration. This Court has also directed that the authorities should see to it that all applications are considered with one yardstick and on the basis of uniform policy for their recommendation for appointment against Class-III or Class-IV posts. 4. Learned counsel for the petitioners of this case also points out that the cases of the petitioners were recommended for appointment on Class-IV posts in the meeting of the Committee dated 8.12.2005 on the stand of the District Superintendent of Education that there was no post of Class-III vacant in the offices of the Education Department of the District. He submits that in fact Class-III posts were vacant and subsequent to this decision of the Compassionate Committee, appointments were made on Class-III posts in the offices. 5. Learned counsel for the petitioners draws the attention of this Court to the order dated 27.1.2012 passed in C.W.J.C. No. 1811 of 2012, as contained in Annexure-9, in which case, as per his claim, in similar circumstances this Court granted liberty to the petitioner to file a fresh representation staking a claim for his shifting against Class-III posts. He submits that on the representation of the said petitioner respondents have shifted him to a Class-III post now. Hence, he prays for similar treatment for this petitioner also. 6. In the circumstances, without expressing any opinion, this writ application is disposed of with liberty to the present petitioner also to file a representation for the purpose, which shall be considered and disposed of in accordance with law. 7. Let a copy of this order be sent to the Chief Secretary, Government of Bihar for consideration and appropriate action in the light of observations made herein.