Roshan Kumar vs The State Of Bihar
2023 Latest Caselaw 5282 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.845 of 2019
                                           In
                    Civil Writ Jurisdiction Case No.17318 of 2015
     ======================================================

Roshan Kumar Son of Late Arun Kumar Singh, Resident of Village - Taranpur, P.O. - Lakhanpar, P.S.- Gaurichak, District Patna.

... ... Appellant/s Versus

1. The State of Bihar through the Secretary, Industry Department, Government of Bihar, Near Secretariat, Patna.

2. The Director of Industry, Industry Department, Government of Bihar, Patna.

3. The Managing Director, Bihar State Handloom and Handicrafts Corporation Limited, Udyog Bhawan, Gandhi Maidan, Patna.

4. The Secretary, Personal and Administrative Department (now General Administration Department), Old Secretariat, Government of Bihar, Patna.

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

For the Appellant/s : Mr. Rakesh Kumar Singh, Advocate Ms. Shahi Priya, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha (AAG-7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 11-10-2023

The appeal is against the judgment of the learned

Single Judge which rejected the prayer of compassionate

appointment in the respondent-corporation. The appellant's

father, an employee of the respondent-corporation died on

29.07.2009. An application was filed for considering him for

compassionate appointment on 23.11.2009. In 2013, the

petitioner approached this Court with a writ petition numbered

as CWJC No. 12784 of 2013, the judgment in which is Patna High Court L.P.A No.845 of 2019 dt.11-10-2023

produced as Annexure-4 in the writ petition. The representation

filed is produced as Annexure-5, which stood rejected as per

Annexure-6.

2. The learned counsel for the petitioner before us

claims that there were other persons who were given

appointment during the very same period and this projects the

discrimination meted out to the petitioner herein. When

financial stringency of the Corporation did not stand against the

grant of a compassionate appointment with respect to some of

the applicants, there was no reason to deny the same to the

appellant herein. The learned counsel also took us through the

judgments in which, despite the argument of a financial

stringency, the learned Single Judges had directed consideration

of compassionate appointment, which was carried out by the

respondent-Corporation. We notice that in certain cases

consideration was directed but, the entire facts in those cases are

not before us.

3. Be that as it may, the fact remains that as of

now, it is almost 14 years from the death of the father of the

appellant. Even when the writ petition was filed, it was 6 years

past the death of the father of the appellant. It is trite that

compassionate appointment is an appointment in violation of Patna High Court L.P.A No.845 of 2019 dt.11-10-2023

Article 14 and 16, which has to be done sparingly and only to

ensure that the bereaved family is not deprived of the basic

sustenance to carry on life. It has been said that compassionate

appointment is a measure, to ensure that the family of an

employee is not thrown to the streets, by reason of the only

bread winner dying-in-harness. The spirit of such appointment

would be satisfied only if it is made immediately, so that the

family is saved from penury. After 14 years from the death of

the bread winner, there is no cause for directing a compassionate

appointment, which again is not a statutory right.

4. The appeal, hence, would stand dismissed.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) sharun/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          16.10.2023
Transmission Date