Patna High Court
Aarti Devi vs The State Of Bihar on 31 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.406 of 2022
In
Civil Writ Jurisdiction Case No.479 of 2020
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Aarti Devi, W/o Late Basudeo Gupta, Resident of Line Bazar, P.S. K. Hat,
P.O. and District- Purnea.
... ... Petitioner/Appellant/s
Versus
1. The State of Bihar.
2. The Secretary, Health Department, Government of Bihar, Patna.
3. The Civil Surgeon-cum-Chief Medical Officer, Buxar.
4. The District Compassionate Committee, through the Collector, Buxar.
5. The Deputy Collector, Establishment, Buxar.
... ... Respondents/Respondent/s
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Appearance :
For the Appellant/s : Ms. Alka Singh, Advocate
For the Respondent/s : Mr. S.D. Yadav (AAG-9)
Mr. Braj Bhushan Mishra, AC to AAG-9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-07-2023
1. The appellant is the second wife of a deceased Government
employee; who died while in service. The appellant claimed compassionate
appointment on 05.08.2014 when the appellant's husband died on
20.01.2008. The application even then was time barred and the authority
dismissed the same on 10.08.2015. The Rules for appointment under
compassionate scheme provided for an application to be made within five
years. The application was made after the five year period. The dismissal
was in the year 2015 and the writ petition was filed, again, after five years,
in 2020. At the time of filing of the writ petition, almost 12 years had
passed from the day on which the appellant's husband died.
Patna High Court L.P.A No.406 of 2022 dt.31-07-2023
2. The learned Single Judge found that the application was
belated and so was the challenge to the order of rejection.
3. We find absolutely no reason to interfere with the order of
the learned Single Judge dated 04.07.2022 passed in CWJC No.479 of
2020.
4. The trite law is that the provision for compassionate
appointment works against the equality clause in the matter of employment
and can be permitted only in special circumstances of the appointment
being sought for and made, immediately after the death of the deceased
employee, so as to keep the family from abject penury and being driven
out to the streets. The delay in raising the claim and challenging the
rejection, works against the demand made of a compassionate
appointment.
5. The appeal is without merit and the same stands dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
Sunil/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 03.08.2023
Transmission Date
