Abhishek Kumar vs The State Of Bihar
2023 Latest Caselaw 4334 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.434 of 2022
                                          In
                    Civil Writ Jurisdiction Case No.6772 of 2019
     ======================================================

Abhishek Kumar, Son of Late Gopal Prasad, Resident of Village- Saichak, P.S.- Anishabad, District- Patna.

... ... Appellant/s Versus

1. The State of Bihar through the Chairman, State Electricity Board, now South Bihar Power Distribution Co. Ltd, Vidyut Bhavan, Baily Road, Patna.

2. Managing Director, South Bihar Power Distribution Co. Ltd, Vidyut Bhavan, Baily Road, Patna.

3. Senior Manager, South Bihar Power Distribution Co. Ltd, Vidyut Bhavan, Baily Road, Patna.

4. Chief Engineer, Patna Electricity Supply Undertaking, Patna.

5. Superintending Engineer, Patna Electricity Supply Undertaking, Patna.

6. Executive Engineer, Patna Electric Supply Unit, Gardanibagh, Patna.

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

For the Appellant/s : Mr. Shashank Chandra, Advocate

For the Respondent/s : Mr. Vinay Kirti Singh, Senior Advocate Mr Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-09-2023

The issue that arises in the aforesaid appeal is the

entitlement of the appellant, the son of an employee who died in

harness, for compassionate appointment.

2. The appellant was aggrieved with the order dated

14.06.2018 passed by the 2nd respondent, whereby his claim for

compassionate appointment stood rejected. The learned Single Patna High Court L.P.A No.434 of 2022 dt.06-09-2023

Judge found that though the prayer requests a sympathetic

consideration, all the same it has to be tested on the anvil of the

law enunciated regarding compassionate appointment; upon

which it fails to pass muster. We perfectly agree with the finding

of the learned Single Judge.

3. The appellant's father died while he was serving the

2nd respondent on 02.08.2000 and sadly, his mother too had pre-

deceased his father. The appellant, as well as his other siblings,

were minors and the learned counsel for the appellant informed

us that they were being looked after by an uncle. The elder sister

of the appellant made an application in the year 2010, after

about 10 years, when she had attained majority. In fact, the

specific rule pointed out by the learned counsel for the appellant

makes it mandatory to make an application within five years of

the death, without reference to the date of attainment of majority

of the dependant children. The rule also is in consonance with

the trite law on the subject of compassionate appointments;

which declares it to be a measure, contrary to the rule of

equality, but however, enforced only in the context of providing

succour to a family, which may be thrown to the streets for

reason only of the sole bread winner passing away. An

inordinate delay in making an application, even on grounds of Patna High Court L.P.A No.434 of 2022 dt.06-09-2023

the children being minors can only lead to a conclusion that the

family had survived despite the death of a member, who was

employed. The rule of equality then kicks in and renders an

appointment based only on sympathetic consideration to be

illegal, arbitrary and in violation of the larger public interest.

4. The application made by the sister of the appellant

in 2010 was withdrawn when the prospect of marriage loomed

large for the young woman. The appellant came into the picture

much later in the year 2014 and he approached the respondent-

authorities, with full backing from his sister, who withdrew her

request to be appointed on compassionate grounds. A writ

petition was filed wherein there was a direction to consider the

matter and to take a final decision within three months. The 2 nd

respondent considered the same and rejected the claim finding

that the death had taken place about 19 years ago and that the

scheme for compassionate appointment was framed only for the

purpose of providing immediate succour to a family, which is

placed in distress due to the death of the bread winner. The

learned Single Judge approving the said findings held that a

compassionate ground cannot be an alternate source of

employment and the appellant, a young man, should strive to

stand on his own feet without banking on the death of his father Patna High Court L.P.A No.434 of 2022 dt.06-09-2023

which occurred almost two decades back.

5. We find absolutely no reason to entertain the appeal

and we dismiss the same leaving the parties to suffer their

respective costs.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          08.09.2023
Transmission Date