Manish Kumar Singh v. Bihar State Food and Civil Supplies Corporation Limited
2019-06-14
SANJAY KUMAR DWIVEDI
body2019
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the petitioner. In spite of repeated call nobody appeared on behalf of the respondents. 2. The petitioner has preferred this writ petition for directing the respondents to consider the claim of the petitioner for appointment on the compassionate ground on the post of Assistant specially in view of the fact that father of the petitioner, who was an employee in the respondent-corporation has died in harness. 3. The learned counsel for the petitioner submits that the petitioner is the son of the deceased -Anil Kumar Singh who was an employee of the Bihar State Food and Civil Supplies Corporation Patna and he was working at Hazaribagh. It is stated that the father of the petitioner died in harness 2.2.2008. After death of the father of the petitioner, the petitioner filed an application in the requisite format before the respondent-authorities for appointment on compassionate ground requesting the respondents to appoint the petitioner on compassionate ground on the post of Assistant. 4. A counter affidavit has been filed on behalf of the respondent no.3 wherein it has been stated that the Government of Bihar and Board of Director of the Corporation decided not recruit any person even on compassionate ground because it would not be possible for the corporation to bear the Additional Expenditure and the Government of Bihar put ban on the any type of appointment even on the compassionate ground. It is stated that financial position of the corporation is not up to the mark that is why some employees have been sent to the other departments of the Government. It is well settled that the compassionate appointment cannot be granted after a lapse of a reasonable period which must be specified in the rules. 5. Having heard the learned counsel for the parties and in view of the stand taken by the respondent no.3 in paragraph 7 of the counter affidavit, no relief can be granted to the petitioner, so far as the compassionate appointment is concerned and also no case is made out to interfere with this writ petition. 6. Accordingly, this writ petition is dismissed.