Compassionate appointments are concessions, not rights; delay in filing petitions undermines legal claims.

JUDGMENT :

Mohit Kumar Shah, J.

The present writ petition has been filed for quashing the order dated 31.12.2007 passed by the then Executive Officer, Nagar Parishad, Purnea (now Nagar Nigam, Purnea), whereby and whereunder the services of the petitioner has been terminated.

2. The brief facts, according to the petitioner, are that the father of the petitioner was employee of Nagar Parishad, Purnea and was working as Safai Karamchari, however, he died in harness on 18.12.2001, whereafter the petitioner was appointed on compassionate ground as Daily Wager vide letter dated 01.09.2006, whereupon the Executive Officer, Nagar Parishad, Purnea had issued an appointment letter dated 18.06.2007 and the petitioner was appointed on compassionate ground as safai Karamchari in the pay-scale of Rs. 775-1025/-, however, few months thereafter, the Executive Officer, Nagar Parishad, Purnea, by the impugned memo dated 31.12.2007 has terminated the services of the petitioner.

3. The learned counsel for the petitioner has submitted that without granting any opportunity to the petitioner to put forth his defence, the impugned order dated 31.12.2007 has been passed, hence the same is fit to be set aside, being in violation of the principles of Natural Justice.

4. Per contra, the learned counsel appearing for the respondent no. 2 i.e. the Municipal Commissioner, Purnea Municipal Corporation, Purnea has submitted that the father of the petitioner Late Satto Mehtar died in harness on 18.12.2001, while working as Safai Karamchari in the Nagar Nigam, Purnea, however, at that time the mother of the petitioner namely Bugiya Mehtarni was in service of the Nagar Nigam, Purnea and this fact was concealed by the petitioner from the respondents while applying for appointment on compassionate ground, leading to issuance of letter dated 18.06.2007, whereby and whereunder the petitioner was appointed on compassionate ground. Nonetheless, subsequently it came to the notice of the respondent-authorities that the mother of the petitioner was in service, hence the then Executive Officer, Nagar Parishad, Purnea (now Nagar Nigam, Purnea) had immediately issued letter dated 31.12.2007 recalling the previous letter dated 18.06.2007, whereby the petitioner had been appointed on compassionate ground, in view of the circular issued by the Department of Personnel and Administrative Reforms, Govt. of Bihar, dated 05.10.1991, which postulates that if both wife and husband are in government service/public service, then after the death of any one of them, no appointment on compassionate ground shall be permissible to any children of the deceased employee. Thus, it is submitted that there is no illegality in the impugned order dated 31.12.2007. It is further submitted that even otherwise appointment on compassionate ground is a concession and not a right. In this connection, reliance has been placed on a judgment rendered by the Hon’ble Apex Court in the case of Fertilizers and Chemicals Travancore Ltd. & Ors. Vs. Anusree K.B., reported in 2022 SCC OnLine SC 1331, paragraphs no. 15 and 16 whereof are being reproduced herein below:-

“15. While considering the issue involved in the present appeal, the law laid down by this Court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision, this Court in the case of Director of Treasuries in Karnataka v. V. Somyashree, 2021 SCC OnLine SC 704, had occasion to consider the principle governing the grant of appointment on compassionate ground. After referring to the decision of this Court in N.C. Santhosh v. State of Karnataka, (2020) 7 SCC 617, this Court has summarised the principle governing the grant of appointment on compassionate ground as under:—

“(i) that the compassionate appointment is an exception to the general rule;

(ii) that no aspirant has a right to compassionate appointment;

(iii) the appointment to any public post in the service of the State has to be made