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2023 Supreme(Pat) 1060

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No.13410 of 2021
(7.12.2023)
Navin Kumar Saksena ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates appeared:
For the Petitioner: Mr.Awadhesh Prasad Sinha.
For the Respondent: Smt. Kumari Amrita (GP-3).
For the Resp. No. 2 : Mr.Piyush Lall.

Headnote:

Service Law – Compassionate appointment – Respondent-Court has taken a policy decision to make compassionate employment, restricted to 3% of sanctioned strength of cadre in which such appointment is being considered – Since sanctioned strength of Class IV post is 107 and already 10 persons have been appointed on compassionate ground on Class IV post who are still working, petitioner cannot be granted compassionate employment inasmuch as 3% limit has already stood exceeded – Death-cum-retiral dues have already stood paid to petitioner – Now about 10 years have lapsed since death of father of petitioner, at this juncture, if any application of petitioner is entertained after such a long delay, other cases of similar nature may arise – What is material for consideration is the time when relief is to be granted to a family in distress and not to reserving a job for one of dependants – Compassionate employment is neither a vested right nor an alternate mode of employment – Writ petition dismissed. (Paras 7 to 12)

Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondent-authorities to appoint the petitioner on compassionate ground on any post in IVth Grade under the Judgeship of Aurangabad district.

2. The brief facts of the case, according to the petitioner are that the father of the petitioner namely, Shiv Murat Prasad, died in harness on 08.01.2014, while working as Peon at Civil Court, Aurangabad, whereafter the petitioner is stated to have applied for appointment on compassionate ground on 04.12.2014. Thereafter, a meeting of the Compassionate Appointment Committee was held on 09.02.2015 in the chamber of the District and Sessions Judge, Aurangabad-cum-Chairman of the said Committee and after having interviewed the petitioner, he was unanimously declared fit for appointment on Class IV post, whereupon the case of the petitioner for compassionate employment was sent to the Hon’ble High Court, nonetheless, the recommendation was rejected by the Registrar, Patna High Court, by an order dated 19.09.2016, without considering the fact that 20 posts of Peon were still vacant under the Judgeship of Aurangabad district. It is further submitted that there are six family members, who were all dependent on the father of the petitioner and all of them are on the verge of starvation, hence it is imperative that the petitioner be granted compassionate employment.

3. Per contra, the learned counsel, appearing for the High Court of Judicature at Patna (hereinafter referred to as the “Respondent-Court”) has submitted, by referring to the counter affidavit filed in the present case, that the father of the petitioner namely, Shiv Murat Prasad was a Class IV employee of the Judgeship of Aurangabad and he died in harness on 08.01.2014, whereafter the petitioner had applied for grant of compassionate employment on Class IV post on 04.12.2014, pursuant whereof the District and Sessions Judge, Aurangabad vide letter dated 09.02.2015 had informed the Respondent-Court that the Appointment Committee of the Judgeship of Aurangabad, in its meeting held on 09.02.2015 has found three applicants, including the petitioner herein, to be fit for being granted compassionate employment on Class IV post, hence approval was sought for from the Respondent-Court. The Respondent-Court had then sought for minutes of meeting of the Appointment Committee dated 09.02.2015, from the District and Sessions Judge, Aurangabad vide letter dated 21.04.2015, in response whereof the minutes of meeting dated 09.02.2015 and the relevant documents of the aforesaid three applicants were sent to the Respondent-Court. The Registrar (Administration) of the Respondent-Court had then, vide letter dated 15.12.2015, informed the District and Sessions Judge, Aurangabad that the Court has been pleased to observe that the compassionate employment, in view of the law laid down by the Hon’ble Apex Court in the case of Umesh Kumar Nagpal vs. State of Haryana and Ors., is to be given only when the family is in penurious condition and as far as the case of the petitioner is concerned, he being the only dependent, apart from the fact that the wife of the father of the petitioner namely Late Shiv Murat Prasad had predeceased the father of the petitioner and the family has received the entire death-cum-retiral dues, he is not eligible for compassionate employment. In such view of the matter, the District and Sessions Judge, Aurangabad was directed to reconsider the case of the said three applicants, as far as granting compassionate employment to them is concerned.

4. The learned counsel for the Respondent-Court has further submitted that the Hon’ble Standing Committee of the High Court, in its meeting held on 21.12.2015, vide Agenda Item No. 7 had considered the matter relating to appointment on compassionate ground in the Judgeship of East Champaran at Motihari and was pleased to resolve as follows:—

"Resolved that the District and Sessions Judge, East Champaran at Motihari, ma

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