IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7066 of 2025 ------

Devashish Kumar, S/o Anand Kumar, Shankardai, Resident of G.

Raghunathpur, PO & PS-Dhanbad, District-Dhanbad, Jharkhand.

… … Petitioner(s)

Versus

1. State of Jharkhand.

2. M/s Bharat Coking Coal Limited through its CMD, Dhanbad, PO, PS & District-Dhanbad, Jharkhand.

3. Project Manager (MPAR), BCCL, Dhanbad, PO, PS & District-

Dhanbad, Jharkhand.

4. Personnel Manager, Central Coal Washeries Organization, BCCL, Dhanbad, PO, PS & District-Dhanbad, Jharkhand.

5. Deputy Chief Personnel Manager, Central Coal Washeries Organization, BCCL, Dhanbad, PO, PS & District-Dhanbad, Jharkhand. … … Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Ritesh Kumar Mahto, Advocate For the Respondent(s) : Mr. Anshuman Kr., AC to SC (L&C)-II Mr. Amit Kumar Das, Advocate Mr. Sahay Gaurav Piyush, Advocate ------

02/ 09^th December, 2025

1. Heard the parties.

2. By filing this writ petition, the petitioner prays for appointment on compassionate ground.

3. It is the case of this petitioner that his father Late Anand Kumar, Ex.OS of Washery Division, died in harness on 02.04.1996. Since the father of the petitioner died in harness, the petitioner being his son, is entitled to be appointed on compassionate ground, thus, he claims such appointment.

4. After going through the entire writ petition, and the annexures of the petition, I find that the father of this petitioner died sometime in the year 1996 and at the time of death, he was minor. After attaining age of majority on 2007, he applied for compassionate appointment. Now the petitioner has approached 5. Appointment on compassionate ground is not a mode of recruitment. The same is an exception to the Constitutional provision. The basic purpose of compassionate appointment is to grant immediate financial relief to the family members of the deceased employee. The purpose of providing compassionate appointment is to mitigate the hardship due to the sudden death of the bread winner of the family. It is the immediate financial crisis which needs to be addressed by giving compassionate appointment. Due to passage of time, the family overcomes the immediate financial crisis thus, the need of compassionate appointment does not remain after lapse of a considerable period. 6. The Hon’ble Supreme Court in the case of “State of West Bengal Vs. Debabrata Tiwari & Ors”. reported in 2023 SCC OnLine SC 219, at para-32 and 35, held as hereunder:-

“32. On consideration of the aforesaid decisions of this Court, the following principles emerge:

i. That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives, i.e., to enable the family of the deceased to get over the sudden financial crisis.

ii. Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis.

iii. Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over. iv. That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years.

v. In determining as to whether the family is in financial crisis, all relevant aspects must be borne in mind including the income of the family, its liabilities, the terminal benefits if any, received by the family, the age, depe