Compassionate employment is not a legal right but an exception to Articles 14 and 16, requiring adherence to specific policies regarding age and eligibility.

JUDGMENT :

Sujit Narayan Prasad, A.C.J.

I.A. No. 9234 of 2024

The instant interlocutory application has been preferred under Order 22 Rule 3 of the Civil Procedure Code for substitution of legal heirs of the appellant writ petitioner.

2. It is stated in the interlocutory application that the representative of the appellant (minor) in the instant case has died on 15.06.2024, hence the daughter of the deceased representative of the minor appellant, namely, Rekha Kumari, aged about 44 years, D/o Late Upendra Yadav, R/o Near Ladies Hospital Gali, P.O. & P.S.- Sultanganj, Dist- Bhagalpur, Bihar who is the legal heir of the deceased representative of the minor appellant, as such, she may be substituted in place of deceased representative of the minor appellant in the instant case.

3. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Order 22 Rule 3 of the Civil Procedure Code, the prayer made in the instant interlocutory application, is hereby allowed.

4. The name of Rekha Kumari, aged about 44 years, D/o Late Upendra Yadav, R/o Near Ladies Hospital Gali, P.O. & P.S.-Sultanganj, Dist-Bhagalpur, Bihar is hereby substituted in place of deceased representative of the minor appellant as such the minor appellant is being represented by the substituted representative.

5. Accordingly, the I.A. No. 9234 of 2024 stands allowed.

L.P.A. No. 326 of 2024

6. The instant Letters Patent Appeal is directed against the order dated 3rd April 2024 passed by the learned Single Judge in W.P.(S) No. 2062 of 2023, whereby and whereunder the learned Single Judge has refused to interfere with the decision taken by the authority as contained in Memo No. 657, dated 18.02.2023, issued by the Superintendent of Police, Dumka by which the claim of the minor petitioner for appointment on compassionate ground, has been rejected.

7. The brief facts of the case as per pleadings made in the writ petitioner is required to be enumerated which reads as under:

The father of the appellant writ petitioner namely Late Nand Kumar Yadav (Police-731) was appointed on the post of Constable in Jharkhand Police and was posted at Dumka Police force. But he died in harness on 06.12.2010, leaving behind a minor daughter, namely, Babli Kumari, whose date of birth is 14.10.2006 without any alternate source of income as mother of the minor appellant writ petitioner has already died on 15.01.2009 i.e. prior to the death of father of the appellant writ petitioner.

The grandfather of the appellant writ petitioner, namely, Upendra Yadav was made an application on 27.06.2014 before the authorities requesting to be appointed her grand-daughter (appellant writ petitioner) as a Bal Arakshi. But at the time of submitting the application she was only 8 years and the minimum age of appointment to the post of female Bal Arakshi is fixed at 12 years, due to which further action was not taken by the respondent concerned.

Later on, vide memo no. 558 /R. O 25.02.2020 it was informed to the writ petitioner to submit necessary records for appointment to the said post. After submission of the necessary records to the authority concerned, the office of Superintendent of Police, Dumka, vide memo No. 2156/R.O dated 13.11.2020 a proposal was sent for appointment to the post of female child constable on compassionate ground along with the necessary records.

The Superintendent of Police, Dumka sent a letter to the Deputy Inspector General of Police (Budget), Jharkhand, Ranchi vide letter no. 37/R.O dated 05.01.2021 and letter no. 3262/R.O dated 24.09.22.

But, the matter was not decided for considerable period of time and finally by impugned communication dated 18.02.2023, vide memo no. 657 the candidature of the appellant writ petitioner for her appointment on compassionate ground has been rejected as because it was found that her father died on 06.12.2010 and the claim related to appointment on compassionate ground to the dependent of the deceased is admissible till