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MOHIT KUMAR SHAH
Madho Sharma, S/o. of late Phulo Sharma – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. quashing decision on compassionate grounds (Para 1 , 2) |
| 2. arguments regarding qualifications and timeline (Para 3 , 4) |
| 3. analysis of compassionate employment principles (Para 5 , 6) |
| 4. writ petition dismissed due to lack of merit (Para 7) |
JUDGMENT :
(Mohit Kumar Shah, J.)
1. The present writ petition has been filed for quashing the decision of Compassionate Committee, taken held under the chairmanship Magistrate, Purnea, as contained the District in the meeting of the District in Memo dated 15.07.2011 whereby and whereunder the application of the petitioner for grant of appointment on compassionate ground has been rejected and also for quashing the order dated 10.07.2013 passed by the Divisional Commissioner, Purnea Division, Purnea in Miscellaneous Appeal No. 14 of 2012 whereby the Appeal filed by the petitioner has been rejected.
2. The brief facts of the case, according to the petitioner, is that the father of the petitioner died on 30.06.2002 in harness, while he was posted as Chaukidar at Sarsi Police Station, whereafter the petitioner had filed an application on 22.11.2002 for appointment on compassionate ground which was forwarded by the Sub-Divisional Office
The court upheld the principle that applications for compassionate appointments must adhere to statutory time limits, reinforcing the restrictive nature of compassionate employment provisions.
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate employment cannot be granted after a lapse of a reasonable period, and the purpose of compassionate appointment is to enable the family to tide over the sudden crisis which arises due t....
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
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