ORAL JUDGMENT

Date: 14-03-2024 The present writ petition has been filed for quashing the letter dated 02.09.2021, issued by the Deputy Collector (Establishment), Nalanda, whereby and whereunder the application, filed by the petitioner for grant of compassionate employment, has been rejected.

2. The brief facts of the case, according to the petitioner, are that the father of the petitioner died in harness on 22.12.1987, while working as Marketing Officer at the Sub-Divisional Office, Hilsa. It is submitted that at the time of death of the father of the petitioner, the petitioner was minor, hence, the application, filed by the petitioner for grant of appointment on compassionate ground, was not considered. Thereafter, the petitioner had filed a writ petition bearing CWJC No. 7898 of 1994, however, the same was dismissed, by an order dated 25.07.1995, on the ground that appointment on compassionate ground can only be granted within a reasonable time of death of the bread earner, otherwise no purpose would be solved. Nonetheless, it is submitted that the case of the petitioner was again considered for appointment on compassionate ground, however, the same was rejected, vide memo dated 07.12.2018, issued by the District Magistrate, Nalanda, containing the minutes of meeting dated 07.12.2018 of the District Compassionate Appointment Committee, Nalanda at Biharsharif, wherein it has been stated that the Government servant had died on 22.12.1987, whereafter the case of the petitioner for compassionate employment was considered on 23.02.1988, however, since the petitioner was a minor, his case was rejected and then the Sub-Divisional Officer, Hilsa, after 26 years, has again recommended the case of the petitioner, wherein the details of the family members of the deceased has been stated, however, the same does not mention about any other family member of the deceased, whereas the certificate, showing family details of the deceased, issued by the Circle Officer, Atri, Gaya, dated 26.4.1988, shows that the deceased is survived by wife and two sons, hence, there is contradiction in the documents, submitted by the petitioner, thus, it has been decided to reject his case. Thereafter, the District Magistrate, Nalanda at Biharshariff, had also rejected the case of the petitioner, vide order dated 02.09.2021.

3. The learned counsel for the petitioner has submitted that since now the petitioner has attained majority, he is entitled for compassionate employment.

4. Per contra, the learned counsel for the Respondent- Corporation has submitted that firstly, the present writ petition is barred by the principles of res judicata, inasmuch as the petitioner had earlier approached this Court, by filing a writ petition bearing CWJC No. 7898 of 1994, for same and similar relief, however the same had stood dismissed, by an order dated 25.07.1995. It is further submitted that in any view of the matter, now after a lapse of about 37 years of the death of the government employee, no relief can be granted to the petitioner, inasmuch as the object of providing compassionate employment is to enable the family to tide over the financial crisis, which it faces at the time of death of the sole bread earner, however, now, at this juncture, the compassionate employment cannot be claimed or offered after lapse of considerable time.

5. I have heard the Ld. counsel for the parties and perused the materials on record, from which this Court finds that the present writ petition is not maintainable, inasmuch as the same is barred by the principles of res judicata. Yet another aspect of the matter is that if any application for compassionate employment is entertained after a long delay, the same may create impediment in cases of similar nature where grant of immediate relief by providing employment to the dependent of the deceased employees may crop up, hence, what is material for consideration is the time when the relief is to be granted to a family in distress and not to r