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2016 DIGILAW 1259 (PAT)

Raj Kishore Paswan, S/o Prabhu Paswan v. State of Bihar through Principal Secretary, Department of Home, Patna

2016-09-22

SHIVAJI PANDEY

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JUDGMENT ; Shivaji Pandey, J. 1. Heard learned counsel for the petitioner and the learned counsel for the State. 2. The issue in the present case based upon this interpretation Government circular dated 24th June, 2011 where 'Nati' has been made entitled to the benefit of compassionate appointment but the word 'Pota' is silent in the said circular. 3. A plea has been taken by the State that the grandfather of the petitioner (Pota) joined on the post of Choukidar in Khaira Police Station and, in his service period, he died on 08.10.2008. The claims of the petitioner to be appointed on compassionate ground cannot be entertained as in terms of the aforesaid circular, Pota is not entitled to the said benefit. The real meaning of Nati in the Circular in this context, the compassionate appointment has to be understood. It will be relevant to quote important portion of the circular, which has been issued in 24th June, 2011. “1- e`r lsod dh iRuh@iq=@vfookfgr iq=h rFkk iq= dh fo/kok iRuh ,oa dkfeZd ,oa iz'kklfud lq/kkj foHkkx] fcgkj] iVuk rnsu ds ifji= la0 3@vuq 02&03@2004 dk0 512] fnukad 12-05-2005 dh dafMdk&4 esa nRrd iq= ,oa nRrd vfookfgr iq=h Hkh e`r ljdkjh lsodksa ds vkfJrksa dh lwph esa vkrs gSA dkydze esa rykd'kqnk iq=h ds dqN 'krksZa ds lkFk vkSj vfookfgr ljdkjh lsod dh fLFkfr esa NksVk HkkbZ] vfookfgr NksVh cgu ,oa fo/kok ekWa dks vkfJr dh Js.kh esa yk;k x;k gSA 2- Hkrhtk ;k ukrh dks fu;qDr djus ds izko/kku fd;k x;k Fkk blds vfrfjDr ifji= la0 11287 fnukad 20-12-1995 }kjk e`r nQknkj dks vkfJrksa esa fo/kok iRuh@iq=&iq=h ;k Hkrhtk ;k HkkbZ ;k ukrh dks Hkh vuqdEik ds vk/kkj ij pkSdhnkj ds in ij fu;qDr djus dk izko/kku fd;k x;k rFkk ifji= la0 10129 fnukad 06-11-1991] }kjk pkSdhnkj dh e`R;q ds QyLo:i fjDr in ij pkSdhnkj dh iRuh dh vuq'kalk ij e`rd ds iq= ;k HkkbZ vFkok ifjokj ds fdlh vU; lnL; dh vuqdEik ds vk/kkj ij pkSdhnkjh ds in ij fu;qDr laca/kh izko/kku lHkh fu;eksa ,oa izfdz;kvksa dks f'kfFky djrs gq, fd;k x;kA 3- fnukad 06-11-1991] 9@ys0&208@1994 x`0vk0&1683 fn0 19-11-1994 rFkk la0 9@ys0& 207@1994 x`0vk0 11287 fnukad 20-12-1995 dks lE;d~ fopkjksijkUr ljdkj us] bl ladYi ds fuxZr gksus dh frfFk ds izHkko ls] foyksfir djus dk fu.kZ; fy;k gSA 4. In the aforesaid circular, it has been provided that wife/son/unmarried daughter and widow of son has been made entitled for compassionate appointment but thereafter, the Government by another notification added the adopted son and adopted unmarried daughter of the deceased made them beneficiary. But later on, divorced daughter with some rider, in case of unmarried Government servant, younger unmarried sister and widow mother were brought under this category of dependent. Later on, nephew and 'Nati' have been included in this list of dependent on him entitled to the post of compassionate appointment. Here the question is that 'Nati' would mean what, only son of daughter or would also include son's son, based on manner 'Nati' word be construed. The 'Nati' word construed in different manner in different region of India including in this State, as in certain area it is construed daughter's son but in some area it is construed as son's son as well as daughter's son. It is common that the son of the married daughter is Nati, in English both are grandson. In Bengali language, son's son and daughter's son is Nati. In certain portion of Bihar also Nati indicates son's son and daughter's son. It does not stand to the reason that the married daughter has been excluded from entitlement of being considered for compassionate appointment. The daughter's son of that class has been included in the list of entitlement of the compassionate appointment. The interpretation of the statue provides that if the words are clear and simple it has to be given its natural meaning but the natural meaning leads to absurd situation then it has to be understood and interpret in the meaning which subserves it purpose makes it more logical. If a word held in Circular gives two meanings then it should be accepted that meaning which subserves the purpose, advance of justice and suppress of a mischief. It will be beneficial to place reliance on the judgment of the Supreme Court in the case of Prakash Kumar Alias Prakash Bhutto v. State of Gujarat reported in 2005(2) SCC 409 (paragraph 20) and in the case of Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and others reported in 2003 (2) SCC 111 (paragraph 25 and 26); 5. It will be beneficial to place reliance on the judgment of the Supreme Court in the case of Prakash Kumar Alias Prakash Bhutto v. State of Gujarat reported in 2005(2) SCC 409 (paragraph 20) and in the case of Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and others reported in 2003 (2) SCC 111 (paragraph 25 and 26); 5. It will be relevant to quote paragraph 20 of Prakash Kumar Alias Prakash Bhutto v. State of Gujarat (supra):- "Before we proceed to consider the rigours of Sections 15 and 12 we may at this stage point out that it is a trite law that the jurisdiction of the court to interpret a statute can be invoked only in case of ambiguity. The court cannot enlarge the scope of legislation or intention when the language of the statute is plain and unambiguous. Narrow and pedantic construction may not always be given effect to. Courts should avoid a construction which would reduce the legislation to futility. It is also well settled that every statute is to be interpreted without any violence to its language. It is also trite that when an expression is capable of more than one meaning, the court would attempt to resolve the ambiguity in a manner consistent with the purpose of the provision, having regard to the consequences of the alternative constructions. In this connection, we may notice a few decisions of this Court." 6. It will be relevant to quote paragraph nos. 25 and 26 of Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and others (supra):- "25. Scope of the legislation on the intention of the legislature cannot be enlarged when the language of the provision is plain and unambiguous. In other words statutory enactments must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the rest of the statute. 26. It is also well settled that a beneficent provision of legislation must be liberally construed so as to fulfil the statutory purpose and not to frustrate it." 7. In the light of aforesaid discussion, let us examine the true colour of meaning of Nati for the purpose of granting the relief of compassionate appointment. 26. It is also well settled that a beneficent provision of legislation must be liberally construed so as to fulfil the statutory purpose and not to frustrate it." 7. In the light of aforesaid discussion, let us examine the true colour of meaning of Nati for the purpose of granting the relief of compassionate appointment. The married daughter has been excluded and the widow of son has been included including brother and his son has been included in such circumstances, the proper interpretation will be the word Nati should be read in such a manner it serves its purpose it will be Nati as the son's son in such circumstances, this Court directs that the case of the petitioner should be considered treating that the son's son is also entitled for the compassionate appointment. 8. This Court also feels fortified from the view of the judgment it has been taken in C.W.J.C. No. 33 of 2007, relevant portion is quoted as under:- "if daughter's son of the retiring Chaukidar is eligible for appointment by nomination, the authorities should also consider the case of the petitioner who is the grandson of the retiring Chaukidar as there cannot be any distinction between grand son and grand son through daughter. I see substance in the submission of the learned counsel for the petitioner. Case of grandson and grandson through daughter of the retiring Chaukidar, in my opinion, stands on similar footing and the authorities should consider the case of the petitioner for appointment through nomination in the light of the instruction contained in letter No. 11287 dated 20.12.1995 as there cannot be any distinction between grand son and grand son through daughter." 9. Learned counsel for the petitioner has rightly pointed out the basic idea of the compassionate appointment to serve the family of deceased and when the son's son will be appointed it will be better condition and better position to serve the family of the deceased wife, married daughter's son may not be in a better position to serve the family of the deceased. 10. In such circumstances, this writ application is allowed.