The court emphasized the need for timely processing of compassionate appointments and ruled against arbitrary retrospective cancellations, recognizing the petitioner's entitlement to benefits for the period worked.

JUDGMENT :

Heard Mr. Satya Prakash Bihari, learned counsel appearing on behalf of the petitioner and Mr. Gyan Prakash Ojha, learned GA-7 for the State.

2. The petitioner has filed the present writ petition seeking following relief(s) in paragraph no. 1 of the writ petition:

"(i) Issuance of an appropriate writ, order or direction in the nature of mandamus commanding and directing, the respondent authorities to treat the appointment of the petitioner on the post of clerk at least with effect from the date and pay scale at par with the subsequent applicants, respondent no. 7 & 8 have been so appointed with all consequential benefits of seniority in service and pay.

(ii) To any other relief/reliefs to which the petitioner may be found entitled."

3. Thereafter, certain development took place in between during the pendency of the writ petition and petitioner has filed Interlocutory Application No. 04 of 2024 for modification of the relief(s) as prayed for in paragraph no. 1 of the main writ petition:

"1. That the present interlocutory application being filed for the amendment in the prayer/ relief sought in the connected writ application, which was inadvertently missed out during the filing of the writ application. The petitioner was appointed on compassionate ground. His appointment was cancelled with retrospective effect i.e. 02.08.2001 by the Respondent No. 5. The petitioner has been advised to assail the order of cancellation of appointment bearing Memo No. 642 dated 07.05.2002 (Annexure-12) to the extent it has been cancelled with retrospective effect, after amending the prayer/ relief to the connected writ application. The petitioner has also been advised to assail the subsequent appointment letter dated 16.7.2002 whereby and whereunder the directions have been issued for appointment of the petitioner in the as LDC and compassionate basis in the police department. The aforesaid order of appointment dated 16.07.2002 is being challenged to the extent that it seeks to ignore the past service of the petitioner from 02.08.2001 to 07.05.2002. The Hon'ble Court may permit amendment/ addition of following prayers as paragraph no. 1A, 1B, 1C, 1D & 1E to the connected writ application

1A. For issuing writ/writs, order/orders or any other writ including writ of certiorari and thereby quashing/ setting aside the order bearing Memo No.642 dated 07.05.2002 (to the extent it has been cancelled with retrospective effect) issued by the Respondent No. 5 whereby and whereunder the appointment of the petitioner has been cancelled with retrospective effect i.e. 02.08.2001 which is the date of issuance of appointment order.

1B. For issuing writ/writs, order/orders or any other writ including writ of certiorari and thereby quashing/setting aside the subsequent appointment letter bearing Memo No. 1070 dated 16.07.2001 (to the extent it seeks to ignore the past service of the petitioner from 02.08.2001 to 07.05.2002) whereby and whereunder the directions have been issued for appointment of the petitioner in the as LDC on compassionate basis in the police department.

1C. For issuing writ/writs, order/orders or any other writ including writ of mandamus directing the Respondent (s) to grant continuity service to the petitioner reckoning his initial date of appointment to be 02.08.2001.

1D. For granting all consequential benefit to the petitioner which is petitioner is entitled to by virtue of quashing/setting aside of the impugned order dated 07.05.2002.

1E. For granting the benefit of passing the hindi noting and drafting examination (which he had passed while being posted at Collectorate) in the present service and annual increment on basis of such income be directed to paid to the petitioner."

4. Brief facts of the case are that the father of the petitioner had died in harness on 17.01.1999, while he was posted as Correspondent clerk in the office of the Superintendent of Police, Saran at Chapra. The District Magistrate-cum-Collector has sought clarification f