ORAL JUDGMENT

Date : 19-03-2024

1. The present writ petition has been filed for quashing the decision taken in the meeting of District Compassionate Appointment Committee, Sitamarhi, as far as the petitioner is concerned, as is contained in Memo No.156 dated 04.03.2021, whereby and whereunder the petitioner has been denied compassionate employment on the ground that though the circular of the General Administration Department, Government of Bihar, Patna, dated 30.08.2019, provides that an incumbent is required to file an application for grant of compassionate employment, within a period of one year of having attained majority, but the petitioner had filed the application thereafter, hence his case is time barred.

2. The brief facts of the case, according to the petitioner are that the father of the petitioner, namely, Late Abdul Khalique died in harness on 02.06.2015, while working on the post of Work Supervisor at Public Health Sub-Division, Pupri, Block-Parihar, District-Sitamarhi. The petitioner was minor at the time of death of his father, inasmuch as his date of birth is 15.05.1998 and he attained majority on 15.05.2016, whereafter, he applied for grant of compassionate employment on 21.01.2020, i.e. within the stipulated period of five years of the death of his father, as provided for in the main circular issued by the General Administration Department, Government of Bihar, Patna, dated 27.04.1995.

3. The learned senior counsel for the petitioner has submitted that the reason furnished by the District Compassionate Appointment Committee, Sitamarhi in the impugned memo dated 04.03.2021, to hold the case of the petitioner for appointment on compassionate ground to be time barred, is not only illegal but also fallacious, inasmuch as the petitioner was not required to avail the benefit of the subsequent circular dated 30.08.2019, whereby and whereunder, it has been postulated that in case the incumbent is not major and also does not attain majority within the stipulated time period of five years, prescribed for filing the application for grant of compassionate employment, from the date of death of the Government employee, then he would be entitled to file an application for grant of compassionate employment, within a period of one year of him/her having attained majority, whereas, in the present case, the prescribed time limit of five years for filing application for appointment on compassionate ground was yet to expire, on the day, the petitioner had filed the requisite application i.e. on 21.01.2020 and moreover, the petitioner had, only upon attaining majority, filed an application for appointment on compassionate ground and that too within the prescribed time limit of five years from the date of death of his father, i.e. 02.06.2015.

4. It is thus submitted by the Ld. Counsel for the petitioner that the application of the petitioner, filed for appointment on compassionate ground, is required to be processed on merits, especially, in view of the recommendations made by the Executive Enginner, Public Health Division, Sitamarhi, vide letter dated 05.09.2022. It is next contended that similarly situated person, whose case was also rejected on the ground of being time barred, vide serial no.2 of the aforesaid memo dated 04.03.2021, has already been granted compassionate employment vide order dated 10.03.2022, passed by the District Magistrate, Sitamarhi, hence similar treatment ought to be meted out to the petitioner as well.

5. Per contra, though the learned counsel for the respondents has opposed the present writ petition, however, he has not been able to point out as to how and under what provision of law, the case of the petitioner has been rejected as being time barred, by the aforesaid memo dated 04.03.2021, nonetheless, it is submitted that in case this Court so directs, the case of the petitioner shall definitely be considered afresh, on merits, as per the recommendations made by the Executive Engineer, Public Health Divis