The purpose of appointment on compassionate ground is to provide immediate financial relief to the dependent family members of the deceased bread earner, and such appointment cannot be claimed or offered after a significant lapse of time and after the financial crisis is over.

JUDGMENT :

I.A. No.9685 of 2022

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 443 days in preferring this Letters Patent Appeal.

2. Heard.

3. No counter affidavit has been filed opposing the prayer for condoning the delay.

4. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A.No.9685 of 2022 is allowed and delay of 443 days in preferring the appeal is condoned.

L.P.A. No.381 of 2019

6. The instant intra-court appeal preferred under Clause-10 of Letters Patent Appeal is directed against the order/judgment dated 07.02.2019 passed by the learned Single Judge of this Court in W.P.(S) No.2808 of 2018, whereby and whereunder, the learned Single Judge while dismissing the writ petition, has refused to grant any relief to the writ petitioner for seeking appointment on compassionate ground.

7. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

It is the case of the writ petitioner that the father of the writ petitioner, namely, Atulya Prasad, was working at Primary Health Center, Koderma under the respondents has died in harness on 09.08.2008 leaving behind the writ petitioner and his legal heirs. The date of birth of the writ petitioner is 25.02.1995.

It is the further fact of the case that the writ petitioner, at the time of death of his father was minor and his age was 13 years six months approximately. The elder brother of the writ petitioner, on the death of the deceased employee, has filed an application for appointment on compassionate ground. His application, since, was kept pending, thereafter, the elder brother has approached to this Court by filing writ petition being W.P.(S) No.18 of 2010 which was disposed of on 17.02.2010 with a direction to the respondents to take decision on the claim of one Bijay Kumar, the elder brother of the writ petitioner.

The respondents-authorities have passed the reasoned order holding therein that as per the norms, no compassionate appointment can be granted as the spouse of the deceased employee was already working as ANM at Koderma.

The aforesaid order dated 11.05.2010 was also challenged by the elder brother of the writ petitioner by filing writ petition being W.P.(S) No.7526 of 2012 which was withdrawn vide order dated 21. 10.2016 with a liberty to approach the appropriate forum.

The writ petitioner, thereafter, again filed a representation for grant of appointment on compassionate ground on the ground that his mother who was in service, has superannuated w.e.f. 31.01.2012 and he has no alternative source of income. Since, grievance has not been redressed, therefore, the writ petition being W.P.(S) No.2808 of 2018 has been filed seeking therein the direction for consideration of the case of the writ petitioner for appointment on compassionate ground.

But, the learned Single Judge has refused to pass any positive direction by taking into consideration the fact that the writ petitioner at the time of death of his father was minor and not eligible for consideration of his case for appointment on compassionate ground, which is the subject matter of the instant intra-court appeal.

8. Mr. Anisurzzama Khan, learned counsel appearing for the appellant-writ petitioner has submitted that the claim of the writ petitioner which has been dismissed, cannot be said to be justified decision, for the reason, that on the date of death of the father, the elder brother of the writ petitioner has made an application, but his case was not considered on the ground that his mother was working as ANM, having the source of income and as such, has not come under the fold of consideration of financial crisis which is the object and aim to provide appointment on compassionate ground. Thereafter, the mother was superannuated