IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9077 of 2008 Anil Kumar, son of late Nand Kishore Sharma, resident of Village + P.O. Momindpur, P.S. Hilsa, District Nalanda. ------ Petitioner Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary cum Commissioner, Human Resources Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate cum Chairman, District Compassionate Appointment Committee, East Champaran (Motihari). 5. The Chairman, District Compassionate Appointment Committee, East Champaran (Motihari). 6. The Additional District Magistrate, East Champaran (Motihari). 7. The District Superintendent of Education, East Champaran (Motihari). 8. The Deputy Development Commissioner, East Champaran (Motihari). 9. The Area Education Officer, Kesariya in the district of East Champaran (Motihari). --------- Respondents ----------- 2 26.4.2011 Heard learned counsel for the petitioner and counsel for the State. Admittedly the case of the petitioner was considered by the District Compassionate Appointment Committee for his appointment on compassionate ground and the same was rejected in the meeting held on 29.6.2007 as would be evidenced from the communication of 2 the Collector-cum-Chairman of the District Compassionate Appointment Committee, East Champaran, Motihari dated 12.7.2007 (Annexure-A). The petitioner, however, claims that subsequently the Personnel and Administrative Reforms Department, by way of clarification in support of the policy of the State Government for compassionate appointment contained in circular dated 5.10.1991, has issued a guideline on 1.7.2008, which would make the case of the petitioner fit for reconsideration by the Compassionate Appointment Committee. The letter of the State Government reads as follows:- i=kad&3@vkj0&04@08 dk0 4250 @ fcgkj ljdkj dkfeZd ,oa iz'kklfud lq/kkj foHkkxA izs"kd] lj;qx izlkn ljdj ds mi lfpoA lsok esa] ftyk inkf/kdkjh] iwohZ pEikj.k] eksfrgkjhA fo"k;& vuqdEik ds vk/kkj ij fu;qfDr laca/kh ekxZ n'kZu ds laca/k esA egk'k;] funs'kkuqlkj mi;qZDr fo"k;d vkids i=kad 182 fnukad 11-06-08 ds lanHkZ esa dguk gS fd vuqdEik ds vk/kkj ij fu;qfDr gsrq Kkikad 13293 fnukad 05-10-91 rFkk rRi'pkr le; le; ij fuxZr ifji= ykxw gSA Kkikad 13293 fnukad 05- 10-91 ds iwoZ ds ifji=@ladYi fnukad 05-10-91 dks iwoZ mlds ckn gqbZ e`R;q ds ekeyksa esa ykxw ugha gSA bl izdkj lEizfr ykxw ifji=ksa esa vkfJrksa esa ls fdlh ds fu;ksftr jgus dh fLFkfr esa vuqdEik ds vk/kkj ij fu;qfDr gsrq fopkj fd;k tkuk fuf"kn~/k ugha fd;k x;k gSA vr% dsUnzh; vuqdEik lfefr }kjk e`r ljdkjh lsod ds fdlh iq= ds fu;ksftr jgus dh fLFkfr esa Hkh vU; i= dh vuqdEik ds vk/kkj ij fu;qfDr gsrq vuq'kalk dh tkrh gSA ftyk vuqdEik lfefr;kWa Hkh runqlkj fu.kZ; ysus esa l{ke gksrh gSA fo'oklHkktu ¼lj;qx izlkn½ ljdkj ds mi lfpoA 3 It has been pointed out in the counter affidavit that pursuant to the said guideline issued on 1.7.2008, the matter, relating to appointment of the petitioner, has been once again sent to the District Compassionate Appointment Committee but, the Committee has not taken any decision as yet. While this Court would not like to make any observation on the claim of the petitioner, inasmuch as, financial condition of the family in penury being the basic requirement for appointment on compassionate ground, has to be always kept in background as was laid down in the case of Umesh Kumar Nagpal Vs. State of Haryana & Ors. reported in 1994(4)SCC 138 in the following words:- "The question relates to the considerations which should guide while giving appointment in public services on compassionate ground. It appears that there has been a good deal of obfuscation on the issue. As a rule, appointment in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in 4 favour of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate ground, the object being a relieve the family, of the Financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependent of the deceased employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned. 6. For these very reasons, the 5 compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over." Thus if the State Government has issued a clarification on 1.7.2008 stating inter alia that employment of one dependant in a Government service would not stand as a bar for considering the appointment of another dependent, the authorities particularly the Collector of the district will have no option but, to reconsider the whole issue. It is, however, made clear that there being no bar for consideration as clarified in the Government guideline has to be understood in the context that even otherwise a person will have to fulfil all other requirement of the policy of the compassionate appointment as explained in the case of Umesh Kumar Nagpal (supra). That being so, this Court would direct the Collector of the East Champaran, Motihari to consider the case of the petitioner 6 afresh, if not already considered, and take a final decision strictly in accordance with law and in the light of observations made above within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)