Compassionate employment is contingent upon meeting minimum qualifications set forth by governing rules.

ORAL JUDGMENT

Date : 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application praying for quashing the decision of the respondents taken on 25.11.2019 and communicated vide letter no.169 dated 21.1.2020 rejecting the application filed by the petitioner for his appointment on compassionate ground.

3. The case of the petitioner in brief is that the father of the petitioner who was working as the Chaukidar died in service on 27.12.2009. The petitioner filed an application on

3.1.2010 for his appointment on compassionate ground. It is further submitted that the application of the petitioner was recommended by the Senior Deputy Collector in the year 2011 and the Circle Officer also issued a certificate in December, 2012 to the effect that no other family member of the petitioner was in Government service. The petitioner received a communication dated 19.11.2018 from the Senior Deputy Collector, Rohtas, Sasaram, addressed to the petitioner to produce his character certificate.

4. Learned counsel for the petitioner further submits that in its meeting held on 25.11.2019, the Compassionate Appointment Committee rejected the application for compassionate appointment filed by the petitioner. The said decision was communicated to the petitioner contained in letter no.169 dated 21.1.2020 issued under the Senior Deputy Collector, District Administration, Rohtas (Sasaram). The reason given therein was that the petitioner does not fulfill the minimum educational qualification required for the appointment.

5. It is further case of the petitioner that his application having been rejected in the year 2019 and communicated to him in the year 2020, the petitioner pursued his education and having passed his matriculation, once again filed a fresh application for appointment on compassionate ground in the year 2025. A copy of the application/representation has been brought on record as Annexure-P9 to the writ application. Not having received any response to the same, the petitioner has preferred the instant application.

6. The application is opposed by learned counsel for the respondents. It is submitted that taking into consideration the guidelines of the Government of Bihar in matters relating to appointment on compassionate ground, the application of the petitioner was considered in the meeting of the District Compassionate Committee held on 25.11.2019 presided by the District Magistrate, Rohtas and in view of the petitioner not having the requisite minimum qualification for appointment, his application was rejected. Learned counsel submits that it is not in dispute that the petitioner was only Class-VIII pass and the minimum requisite qualification for appointment is matriculation.

7. Heard learned counsel for the parties and perused the material on record.

8. The relevant facts in brief are that on the death of the father of the petitioner who was working as a Chaukidar on 27.12.2009 while in service, the petitioner filed an application for appointment on compassionate ground. The same came to be considered by the Compassionate Appointment Committee in its meeting held on 25.11.2019 and the same was rejected. The rejection thereof was communicated vide letter dated 21.1.2020 to the petitioner. The rejection being on the ground that the petitioner did not have the minimum required educational qualification.

9. It may be observed here that so far as appointment on compassionate ground is concerned, the object thereof is to enable the penurious family of the deceased employee who died in harness to tide over the sudden financial crisis which has fallen over the family. I