Uma Devi @ Uma Kumari vs The State Of Bihar And Ors
2021 Latest Caselaw 524 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.1018 of 2018
                                         In
                  Civil Writ Jurisdiction Case No.15871 of 2010
     ======================================================

Uma Devi @ Uma Kumari Daughter of Late Ram Swaroop Singh, Wife of Sri Mahesh Prasad resident of village and P.O. Dhanout, P.S. Danapur, District - Patna.

... ... Appellant/s Versus

1. The State Of Bihar through the Secretary, Animal Husbandry Department, Government of Bihar, Patna.

2. The Director, Animal Husbandary and Production Institution, Government of Bihar, Patna.

3. The District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Sanjeev Kumar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam- AAG12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2021

The sole issue arising for consideration in the

present appeal is as to whether the appellant, being a married

daughter of a deceased employee has a right for consideration

for appointment on compassionate basis or not.

The learned Single Judge, in a short, but self

speaking order, dismissed the writ petition on the ground that

the Notification dated 10th December, 2014 would not cover the

appellant's case.

Patna High Court L.P.A No.1018 of 2018 dt.30-01-2021

Assailing the findings returned by the learned

Single Judge, learned counsel for the appellant seeks reliance

upon a decision of the Hon'ble Apex Court in Vijaya Ukarda

Athor (Athawale) Versus State of Maharashtra and Ors.,

(2015) 3 SCC 399.

Undisputedly, appellant's father, who was

working as a Class IV employee, died in harness on 19 th July,

2003. It is only on 13th March, 2007 that the appellant applied

for appointment on compassionate ground. At the time of death,

married daughters dependent upon the deceased were not

entitled for consideration for appointment on compassionate

basis. It is only on 10.12.2014 that the Government came out

with a policy conferring such right also upon the married

daughters.

We do not find any infirmity with the reasoning

adopted or findings returned by the learned Single Judge vide

order dated 20.12.2017 in CWJC No.15871 of 2010 titled as

Uma Devi @ Uma Kumari Versus The State of Bihar & Ors..

It is a settled law that right for consideration for

appointment on compassionate basis is more to tide over

financial crisis which the dependents may suffer on account of

death of an employee. At the time of submission of the Patna High Court L.P.A No.1018 of 2018 dt.30-01-2021

application, the appellant was married. Also there is inordinate

delay in applying for compassionate appointment. We do not

find the policy framed by the Government to be retrospective in

effect. The language is clear and unambiguous.

Reliance upon a decision rendered in Vijaya

Ukarda Athor (supra) is absolutely misconceived inasmuch as,

as is evident from para 13 of the report which is reproduced

herein:-

"13. In our considered view, the questions viz.:

(i) the effect of Government Resolution, General Administration Department, No. Comp. 1093/2335/M.No. 90/93/Eight dated 26-10-1994 and effect of Clause (3)(a);

(ii) the plea that the appellant submitted applications on 29-12-1997 and 19-3-1998, that the same were not considered by the authorities for quite some time;

(iii) at the time when the applications for compassionate appointment was considered in 2012 whether the third respondent was eligible to be considered;

(iv) the effect of subsequent policy decision dated 26-2-2013 taken by the State Government as per which the married daughter is also eligible to get compassionate appointment; and

(v) such other relevant questions which are to be examined.

In our considered view, instead of this Court examining the above questions, the matter is to be remitted back to the High Court for considering the above questions in the light of the facts and circumstances of the case."

Patna High Court L.P.A No.1018 of 2018 dt.30-01-2021

the Apex Court did not deal with the issue of the

policy having a retrospective effect.

Hence, for all the aforesaid reasons, the present

appeal stands dismissed.

Interlocutory Application, if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

sujit/-

AFR/NAFR
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Uploading Date          01.02.2021
Transmission Date