Jagdish Prasad Vs. The State of Bihar & Anr.
EmailAppeal: Civil Appeal No.10682 Of 1995
(Arising out of SLP (C) No.24447 of 1995)
(Arising out of SLP (C) No.24447 of 1995)
Petitioner: Jagdish Prasad
Respondent: The State of Bihar & Anr.
Apeal: Civil Appeal No.10682 Of 1995
(Arising out of SLP (C) No.24447 of 1995)
(Arising out of SLP (C) No.24447 of 1995)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 13, 1995
Head Note:
SERVICE AND LABOUR LAW
Appointment on compassionate grounds
Appointment – Compassionate grounds – Appellant was four years old when his father died in harness – Whether the compassionate circumstances continue to subsist till the appellant attained majority? – Held no – The very object of appointment of a dependent of the deceased employees who die in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family – Appeal dismissed.
JUDGEMENT:
O R D E R
1. Leave granted.
2. The High Court had dismissed the writ petition seeking appointment of the appellant on compassionate grounds. The admitted fact is that he was four years old at the time when his father died in harness in the year 1971. He filed the writ petition after attaining majority in 1994 for a direction to appoint him on compassionate grounds which was negatived.
3. It is contended for the appellant that when his father died in harness, the appellant was minor; the compassionate circumstances continue to subsist even till date and that, therefore, the court is required to examine whether the appointment should be made on compassionate grounds. We are afraid, we cannot accede to the contention. The very object of appointment of a dependent of the deceased employees who die in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family. Since the death occurred way back in 1971, in which year the appellant was four years old, it cannot be said that he is entitled to be appointed after he attained majority long thereafter. In other words, if that contention is accepted, it amounts to another mode of recruitment of the dependent of a deceased Government servant which cannot be encouraged, de hors the recruitment rules.
4. The appeal is accordingly dismissed.
1. Leave granted.
2. The High Court had dismissed the writ petition seeking appointment of the appellant on compassionate grounds. The admitted fact is that he was four years old at the time when his father died in harness in the year 1971. He filed the writ petition after attaining majority in 1994 for a direction to appoint him on compassionate grounds which was negatived.
3. It is contended for the appellant that when his father died in harness, the appellant was minor; the compassionate circumstances continue to subsist even till date and that, therefore, the court is required to examine whether the appointment should be made on compassionate grounds. We are afraid, we cannot accede to the contention. The very object of appointment of a dependent of the deceased employees who die in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family. Since the death occurred way back in 1971, in which year the appellant was four years old, it cannot be said that he is entitled to be appointed after he attained majority long thereafter. In other words, if that contention is accepted, it amounts to another mode of recruitment of the dependent of a deceased Government servant which cannot be encouraged, de hors the recruitment rules.
4. The appeal is accordingly dismissed.
