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2016 DIGILAW 1667 (PAT)

Jai Prakash Das v. State of Bihar

2016-12-19

VIKASH JAIN

body2016
JUDGMENT : VIKASH JAIN, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. The present writ petition has been filed for quashing the office order as contained in letter No. 63(Stha) Araria dated 4.8.2009 passed by the District Deputy Collector (Establishment), Araria rejecting the petitioner's application for appointment on compassionate ground; and for connected reliefs. 2. The short facts according to the petitioner are that the petitioner's father was in Government service as Teacher who retired on 1.2.2005 and subsequently died on 22.11.2010. In the meantime, the petitioner's mother who was also in Government service working as Manila Sevika in Sub-Divisional Hospital, Araria, died-in-harness on 8.9.2008. The petitioner being the legal heir applied on 31.12.2008 for appointment on compassionate grounds. The said application however came to be rejected by the impugned order dated 4.8.2009 on the ground that compassionate appointment was not available on the death of any one of the husband or wife where both of them were in Government service, in view of departmental circular No. 13293 dated 5.10.1991. 3. Learned counsel for the petitioner makes a short submission in support of the claim for compassionate appointment to the effect that the ground for rejection does not apply in the petitioner's case. While it is true that both parents of the petitioner had been in Government service, it is pointed out that his father had retired on 1.2.2005 and thereafter only his mother continued to remain in service till the date of her death on 8.9.2008. It is therefore not a case where both parents of the petitioner were in service at the time of his mother's death. Reliance is placed on a Division Bench decision of this Court in Jyoti Kumari v. The State of Bihar & Ors., 2005 (4) PLJR 507 . 4. Learned counsel for the respondents opposes the writ petition and seeks to support the impugned order with reference to the condition laid down in the said Circular No. 13293 dated 5.10.1991. 5. The relevant condition contained in Circular No. 13293 dated 5.10.1991 may be extracted hereunder for ready reference: ^^¼1½¼³½ ;fn ifr&iRuh nksuksa ljdkjh lsok esa gks vkSj fdlh ,d dh e`R;q gks tk;s rks oSlh fLFkfr esa vuqdEik ds vk/kkj ij fu;qfDr dk ykHk muds ifjokj ds fdlh vkfJr dks ugha feysxkA** 6. 5. The relevant condition contained in Circular No. 13293 dated 5.10.1991 may be extracted hereunder for ready reference: ^^¼1½¼³½ ;fn ifr&iRuh nksuksa ljdkjh lsok esa gks vkSj fdlh ,d dh e`R;q gks tk;s rks oSlh fLFkfr esa vuqdEik ds vk/kkj ij fu;qfDr dk ykHk muds ifjokj ds fdlh vkfJr dks ugha feysxkA** 6. Having heard the parties and on a careful consideration of the materials on record, this Court finds merit in the writ petition. It is not in dispute that at the time of death of the petitioner's mother on 8.9.2008, the petitioner's father had already retired more than three years prior thereto on 1.2.2005. Clearly therefore, both parents were not in service at the time of death of the petitioner's mother. The condition in Circular No. 13293 dated 5.10.1991 relied upon by the respondents therefore can have no application in the present facts and circumstances. The decision of this Court in Jyoti Kumari (supra) squarely covers the issue at hand, which was disposed of with the following observation: "8. Accordingly, the impugned order, as contained in Annexure-7 at item No. 28 is quashed and the matter is remitted to the authorities concerned to consider the question of compassionate appointment of the petitioner afresh taking into consideration the settled law, namely, whether the family of the deceased family is in need of compassionate appointment or not; or it has means to survive." In the above view of the matter, the present writ petition is allowed and the impugned order dated 4.8.2009 is hereby set aside. The authorities shall proceed to consider the application of the petitioner for compassionate appointment and pass orders afresh in accordance with law and having regard to whether there is need for the petitioner's appointment in the present financial circumstances of the petitioner's family. Petition Allowed.