JUDGMENT

1. The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed for quashing the order dated 7.4.2017 passed by the Superintendent of Police (C), Crime Investigation Department, Bihar, Patna whereby and where-under the claim of the petitioner for grant of appointment on compassionate ground has been rejected, on the ground that the brother of the petitioner is gainfully employed in Government service, in as much as the rules bar grant of the benefit of compassionate appointment to any other family member, in case one family member is employed in government service.

3. The brief facts of the case are that the father of the petitioner died in harness on 1.8.2016, while working as Sub-Inspector of Police, whereafter the petitioner had applied for appointment on compassionate ground vide his application dated 19.12.2016, however, the same has been rejected by the impugned order dated 7.4.2017, merely on the ground that his brother is employed in government service.

4. The learned Senior counsel for the petitioner, Shri P. K. Sahi, has referred to a judgment rendered by a Full Bench of this Court, reported in 2018 (2) PLJC 951 (Niraj Kumar Mallick & Ors. Vs. The State of Bihar through Secretary, Rural Works Department Government of Bihar, Patna and & Ors.), paragraph-48 whereof is reproduced herein below:-

"48. In terms of the clarification offered by the department, on receipt of information that other siblings of the applicant are in employment, the competent authority would be required to objectively look into the nature of the employment and the resources being generated by the employed sibling from such employment. On an objective consideration where it is found that other sibling of the applicant is gainfully employed in such an employment from which he/she is in a position and has capacity to provide sustenance/maintenance to the other dependents, the application for appointment on 'compassionate ground would not fit in the scheme in terms of the clarification at Annexure-'A referred above but where it is found that the employment of the other sibling is of such a nature that it is not generating resources so as to make him able to provide both ends meet, for sustenance/maintenance to the other dependents of the deceased government employee and despite gainful employment of one of the dependents but because of his poor income from such employment he is not in a position to provide two ends meet to the other dependents, therefore they are on the verge of starvation, destitution and penury, the authorities of the State would be liable to consider the application of other dependent for appointment on compassionate ground. No other plea in any form whatsoever would be a ground to provide the benefit of the scheme of compassionate appointment."

5. The learned Senior counsel for the petitioner has also referred to a judgment dated 23.3.2021 passed by this Court in C.W.J.C. No. 14290 of 2019 (Jitendra Kumar Vs. The State of Bihar), paragraphs No. 4 to 7 whereof are reproduced herein below:-

"4. In this regard, the learned counsel for the petitioner has referred to the inquiry report dated 22.03.2019 (Annexure 13 to the writ petition) and has submitted that the said report would show that the day to day expenses of the family of the petitioner is being meted out by the meagre pension of the mother of the petitioner amounting to a sum of Rs. 26,000/-. It is thus submitted that since the brother of the petitioner, who is gainfully employed and is not taking care of the family, the petitioner is liable to be granted appointment on compassionate ground by the respondent-authorities, in view of the Full Bench judgment of this Court, referred to hereinabove.

5. Per contra, the learned counsel for the respondent State has not disputed the position, as is existing i