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1992 Supreme(Pat) 362
PATNA HIGH COURT
S.B.Sinha and Dharampal Sinha JJ.
Anil Kumar Singh
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 7272 of 1992 ;
Decided On : SEPTEMBER 30, 1992
The policy decision of the State to provide employment to the dependants of a deceased Government servant is valid and not violative of Articles 14 and 16 of the Constitution of India, but the time limit fixed for filing applications for compassionate appointment cannot be altered or relaxed, and the appointment must be made in accordance with the terms and conditions laid down in the circular letters.
Headnote:
COMPASSIONATE APPOINTMENT - POLICY DECISION - TIME LIMIT - RELAXATION - ELIGIBILITY - INTERPRETATION OF CIRCULAR LETTERS - APPOINTMENT OF DEPENDANTS OF DECEASED EMPLOYEES - CONDITIONS - JUDICIAL REVIEW.
Fact of the Case:
The State of Bihar adopted a policy decision to give preference for appointment in Class III and Class IV posts to the dependants of an employee who died in harness. Various circular letters were issued by the State regarding the appointment of dependants on compassionate grounds, including the time limit for filing applications, eligibility criteria, and the procedure for appointment.
Finding of the Court:
The Court held that the policy decision of the State to provide employment to the dependants of a deceased Government servant was valid and not violative of Articles 14 and 16 of the Constitution of India. However, the Court also held that the time limit fixed for filing applications for compassionate appointment could not be altered or relaxed, and that the appointment must be made in accordance with the terms and conditions laid down in the circular letters.
Issues: 1. Whether the policy decision of the State of Bihar to provide employment to the dependants of a deceased Government servant was violative of Articles 14 and 16 of the Constitution of India? 2. Whether the time limit fixed for filing applications for compassionate appointment could be altered or relaxed? 3. Whether the appointment on compassionate ground must be made in accordance with the terms and conditions laid down in the circular letters?
Ratio Decidendi: 1. The Court held that the policy decision of the State of Bihar to provide employment to the dependants of a deceased Government servant was not violative of Articles 14 and 16 of the Constitution of India, as it was a beneficient legislation aimed at providing immediate relief to the family in distress. However, the Court also held that such legislation should not be interpreted in a manner so as to extend the benefit granted beyond the object and purport thereof. 2. The Court held that the time limit fixed for filing applications for compassionate appointment could not be altered or relaxed, as it was a mandatory provision aimed at ensuring that the appointments were made in a timely manner and to prevent any undue delay. 3. The Court held that the appointment on compassionate ground must be made in accordance with the terms and conditions laid down in the circular letters, as they were issued by the State to regulate the procedure for such appointments.
Final Decision: All the writ applications were dismissed, as the petitioners were not eligible for appointment on compassionate ground due to the expiry of the time limit or their ineligibility at the relevant time.
S. B. Sinha, J.
1. Interpretation of various circular letters relating to appointment of the dependants of the employees who had died in harness is involved in all these writ applications.
2. The fact of the matters lies in a very narrow compass.
3. It is not disputed that the State of Bihar has adopted a policy decision to give preference for appointment in Class III and Class IV posts to the dependants of an employee who has died in harness.
4. The preamble of the Circular issued by the State of Bihar in this regard being Letter No.12754, dated 12-7-77 states that owing to premature death of an employee whose dependant family members some times face financial crisis at that time and, thus, the question of grant of some assistance to the members of the braved family at the time of distress was under consideration of the State for some time past and it has been decided that any of the dependants of the deceased would be given preference in employment in Class III and Class IV posts wherein the recommendations of the Bihar Public Service Commission is not necessary.
5. [***]
6. However, it appears that the Personnel Department of the State of Bihar issued another circular bearing No.6644, dated 17-5-80 whereby the time limit of two years granted for filing an application for appointment in terms of the circular letter bearing No.12754, dated 12-7-77, was made effective in a case where the Government employee died on or after 12-7-75. In that circular it was further directed that appointments on compassionate ground has to be made in terms of the procedures prescri. bed therefor and the application for appointment has also to be filed in a prescribed form. It was further provided therein that the candidates must give a declaration to the effect that in the event any of the informations furnished by him/her is found to be incorrect or false, his/her services would immediately be terminated apart from other actions that may be taken against him.
7. By another circular letter bearing No.1269, dated 13-6-81 it was provided that in the event the matter relating to appointment on compassionate ground is pending consideration, a post for him may be kept resserved and his case may be sent to the appropriate authorities with requisite recommendations.
8. Yet another circular letter bearing No.4211, dated 12-4-84 was issued in terms whereof certain other amendments were made in the circular letter No.12754 dated 12-7-77. By reason of the said letter the pre-condition to take prior approval of the Personnel land Administrative Department was withdrawn By reason of the said letter, it was further directed that the appointment on compassionate ground may be made by a three man committee in terms of the directions issued by the Personnel and Administrative Department. It was further provided that the letter of appointment is to be issued by the Commissioner-cum-Secretary of the concerned departments and such power would not be delegated to any of his subordinates.
9. Certain other directions have also been made by the State by circular letter bearing No.11946, dated 30-11-84 in the matter of appointment of compassionate ground.
10. The Personnel and Administrative Department of the State of bihar, thereafter, issued another circular letter bearing No.6817, dated 25-5-89 wherein it was pointed out that a demand had been raised by the bihar State Non-gazetted Employees Fedration and Teachers Employees officers Co-ordination Committee to the effect that the time limit of two years for filing application for appointment on compassionate ground be extended to five years. Pursuant to the aforementioned demand, an agreement was entered into by and between the State and the Co-ordination committee in terms of the negotiations held on 19-1-88 and 20-11-88 as a result whereof it was agreed to amend clause 4 of the circular letter no.12754, dated 12-7-77, the translated version whereof reads as follows :-
"the time limit for filing an applicatio
