1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10087 of 2008 SEEMA KUMARI, D/o late Ajit Kumar Ajay, resident of Mohalla Sagarmal Chowk, P.S.+ P.O.+ District Khagaria … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Deptt., New Secretariat, Patna 3. The Collector, Khagaria 4. The Distt. Education Officer, Khagaria 5. The Distt. Supdtt. of Education, Khagaria … Respondents ----------- 2. 3.5.2011 Heard counsel for the petitioner and the counsel for the State. The petitioner claiming to be the only daughter of the deceased employee Ajit Kumar Ajay, a teacher in a Government School of Khagaria District, has filed this writ application seeking a direction from this Court to the respondents for considering her case for appointment on compassionate ground on the ground that she was the only daughter of the deceased employee and was dependent on her, inasmuch as though she had been married but subsequently her such marriage had broken down and she was divorced by her husband by an order of the Family Court, Khagaria. Counsel for the petitioner would submit that though originally in the policy of compassionate appointment only an 2 unmarried daughter was eligible for appointment on compassionate ground but subsequently the State Government by amending the policy contained in its circular dated 5.10.1991 has made the provision making divorced daughter eligible for appointment on compassionate ground with certain conditions, namely, (a) Such divorce must be by a specific order of the court and (b) Divorced daughter must be the only other dependent apart from the wife. He would submit that this change in the policy by the State Government by issuing a modifying circular No. 1699 dated 5.5.2010 would squarely cover the case of the petitioner and would make the respondents obliged to at least consider her case for appointment on compassionate ground. Learned counsel for the State with the help of the counter affidavit, on the other hand, has submitted that the plea of the petitioner of being a divorced lady has not been established by her as yet and she had not filed any copy of decree of divorce 3 passed by any competent court. In the counter affidavit though a firm plea has been raised as with regard to ineligibility of a married daughter/ divorced daughter by placing reliance on the basis of an order of this Court in the case of Smt. Meera vs. the State of Bihar & ors., reported in 2006(2) PLJR 34, but then counsel for the State would fairly submit that the ratio of the aforementioned case would not be applicable to the facts of the present case, inasmuch as the circular dated 5.5.2010 was not in existence when this Court had decided the case of Smt. Meera (supra). In the considered opinion of this Court the circular dated 5.5.2010 reading as follows: i= la[;k&3@lh-1&5015@97 1699 @ fcgkj ljdkj lkekU; iz'kklu foHkkx izs"kd] lj;qx izlkn ljdkj ds mi lfpoA lsok esa] lHkh foHkkxA lHkh foHkkxk/;{kA lHkh ize.Myh; vk;qDrA lHkh ftyk inkf/kdkjhA iVuk 15 fnukad 05-05-2010 fo"k;& rykd'kqnk@ifjR;Drk iq=h dks vuqdEik ds vk/kkj ij fu;qfDr gsrq vkfJrksa dh Js.kh esa j[kus ds laca/k esA egk'k;] mi;qZDr fo"k;d ds izlax esa funs'kkuqlkj dguk gS f dbl foHkkx ds Kkikad 13293 fnukad 05-10-1991 dh dafMdk ¼1½ ¼x½ ds rgr vuqdEik ds vk/kkj ij fu;qfDr gsrq vfJrksa dks ifjHkkf"kr fd;k x;k gSA rnuqlkj e`r ljdkjh lsod dh iRuh iq= vfookfgr i=h ,oa iq= dh fo/kok iRuh dks vuqdEik ds vk/kkj ij 4 fu;qfDr gsrq vkfJr ekuk x;k gSA blds i'pkr i=kad 517 fnukad 12-05-2005 ds rgr dqN 'krksZa ds v/khu nRrd iq= ,oa nRrd vfookfgr i=h dks vkfJr dh Js.kh esa j[ksu dk fu.kZ; ysrs gq, bl gn rd Kkikad 13293 fnukad 05-10-91 dks la'kksf/kr fd;k x;kA Kkikad 7140 fnukad 11-10-08 ds rgr ;g fu.kZ; jh lalwfpr gS fd vfookfgr e`r ljdkjh lsods ds ekeyksa esa mldh fo/kok eka NksVk HkkbZ ,oa vfookfgr NksVh cgu dks vuqdEik ds v/kkj ij fu;qfDr gsrq vkfJr ekuk tk;sxkA ijUrq rykd'kqnk@ifjR;Drk iq=h dks vkfJr dh Js.kh esa ekus tkus dk fu.kZ; vHkh rd ugha gks ldk FkkA bl laca/k esa fof/kd ijkek'kZ fy;k x;k gS ftlesa rykd'kqnk@ifjR;Drk iq=h dks Hkh e`r ljdkjh lsod ds vkfJr dh Js.kh esa j[kuk visf{kr crk;k x;k gSA vr% fof/kd ijke'kZ ds vkyksd esa lE;d fopkjksijkar jkT; ljdkj }kjk fu.kZ; fy;k x;k gS fd ljdkjh lsod dh rykd'kqnk@ifjR;Drk iq=h dks Hkh vuqdEik ds vk/kkj ij fu;qfDr ds iz;kstukFkZ vkfJr ekuk tk;sxk c'krsZ fd rykd@fookg dk fo?kVu l{ke U;k;ky; }kjk Lohd`r gksa vkSj e`r ljdkjh lsod ds ifjokj esa fo/kok iRuh ds vykos og ,dek= vkfJr gksA dkfeZd ,oa iz'kklfud lq/kkj foHkkx ds Kkikad 13293 fnukad 05-10-91 dh dafMdk&¼1½¼x½ dks mi;qZDr gn rd rnuqlkj la'kksf/kr le>k tk;A fo'oklHkktu g0@& ¼lj;qx izlkn½ ljdkj ds mi lfpoA would leave now nothing for speculation that the petitioner is eligible for being considered for appointment on compassionate ground, inasmuch as the period of five years has not yet been over from the date of death of her father who is said to have died only on 1.11.2006. More over the application filed by the petitioner for appointment on compassionate ground is still said to be pending. In a pending case of compassionate appointment if a new policy is brought into force the same will become applicable as has 5 been held in the case of State Bank of India & anor. vs. Raj Kumar, reported in 2010(2) BBCJ 353. Thus there would be no difficulty in holding that the aforesaid circular dated 5.5.2010 will apply with full force to the facts of the case of the petitioner. In that view of the matter, this Court would direct the respondents to consider the case of the petitioner afresh. In order to expedite the matter this Court would also direct the petitioner to file her representation enclosing the certified copy of the judgment and decree of divorce passed by the competent court within a period of three months from today. On receipt of such a representation and decree of divorce the District Superintendent of Education being the recommending/ appointing authority of the post held by the father of the petitioner would immediately place the case before the District Compassionate Appointment Committee of Khagaria District and the Committee headed by the Collector of Khagaria must take his decision within next two months from the date of receipt of such recommendation by the D.S.E., Khagaria. 6 It is also made clear that if there is a recommendation for appointment of the petitioner on any vacant post, whether Class III or Class IV, the appointing authority, the D.S.E., Khagaria would pass his necessary order and issue an order of appointment of the petitioner within one month from the date of receipt of such recommendation of the Committee. The entire aforesaid exercise must be completed within a maximum period of six months. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/