MD. ZAMIL AHMED versus STATE OF BLHAR AND ORS.
[2016] 2 S.C.R. 341, Supreme Court of India, 2016
Outcome: Appeal(s) allowed (Granted)
Segment: Facts
[2016] 2 S.C.R. 341 
MD. ZAMIL AHMED 
V. 
STATE OF lllHAR AND ORS. 
(Civil Appeal No. 4815of2016) 
MAYS,2016 
(.I. CHELAMESWAR AND ABHAY MANUHAR SAPRE, .IJ.( 
·"ervice LaH': 
Appoi11/111e11/ 011 co1111wssi01wle iro1111d - Of the hrother of 
the tlecea.\·ell e11111!o_vee -A.fier taking 111u!l!rlaki11.~_fi·o111 the llfJJJointee 
tlwt he 11•011/d 111ai11tai11 the .fi11nily o( the deceased·- Afier 15 years 
<~f llJJjJOi11tn1e11J, ,\)/ale ler111inatell the services 011 the grou11cl thal 
aJJjJOi11t111e11t 011 co1111Jassio11ate gro111ul 111as ille~{!,a/ ancl against the 
policy as the brother of'the deceased does not fall within d~finilion 
of 'dependant of lhe deceased' and hence not eligihle .fi1r 
compassionate appoinl111en/ - Writ petitio11 challe11gi11i termination 
order dismissed - The order co1(/irmed by Division Bench of High 
Court - On appeal, held: In view o( 1111disputedfi1c/s of the case 
and more so in view of the fi1ct that there was no fiilse declaration 
nor Sl!JJJJre·ssio11 <~f 011;1 11u1/erial .facl .for securing lljJJJOi11t111e11t, 
autliorities co11cer11e<I H'ere not righl 'in ter111i11ati11g /he ,\·ervice,\/ 
cancelling the appoi11/111enl (lfier 15 years - '/lie Stale was not entitled 
to take advantage of its 011·n mistake - State directed to reinstate 
the services of the appellant with all the Gonsequenlial benefits -
Cos/ of Rs.5000/- i11!11osed. 
Allowing the appeal, the Court 
HELD: 1. The fact that the appellant was younger brother 
of the deceased
>yas within the knowledge of the State. Similarly, 
.the State was aware that the brother docs not fall within the 
definition of dependent at the relevant time and still the State 
authorities obtained the undertaking from the appellant that he 
would maintain the family of the deceased once given the 
appointment. It was a conscious decision taken by the State for 
giving an appointment to the appellant_ for the benefit of the family 
members of the deceased who were facing financial hardship due 
to sudden demise of their bread earner. The appellant being the 
only close relative of the deceased could be given the appointment 
in the circumstances prevailing in the family. It was a right decision 
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[2016] 2 S.C.R. 
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taken by the State as a welfare state to help the family of the 
deceased at the time of need of the family. The position would 
have !Jeen different if the appellant had committed some kind of 
fraud or manipulation or suppression of material fact for securing 
the appointment. (Paras 20, 21 and 221 (345-E-G; 346-C] 
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2. There is no _justification on the part of the State to dig 
out the appellant's case after 15 years of his appointment and 
terminate his services on the ground that as per the State policy, 
the appellant did not fall within the definition of the expression 
"dependent of deceased" to claim compassionate appointment. 
Keeping in view the peculiar undisputed facts of the case and 
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having regard to the totality of the circumstances, the State was 
not justified in terminating the appellant's services. [Paras 14 
and 191 (344-F; 345-DJ 
3. The respondent-State is directed to reinstate the 
appellant in service with all consequential benefits such as 
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payment of full back wages payable from the date of termination 
till the date of reinstatement in service. The appellant is also 
entitled to claim his seniority and notional promotions as per rules. 
[Pard 251 (346-F] 
4. Cost of the appeal is quantified at Rs.5000/- and the 
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same be paid to the appellant by the respondent-State along with 
the arrears of back wages. [Para 27] [346-G-H] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4815 
of2016. 
From
the Judgment and Order dated 20.12.2013 of the High Court 
F of Judicature at Patna in LPA No. 758 of2013. 
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Chandra Prakash. Adv., for the Appellant. 
Rudreshwar Singh, Samir Ali Khan, Ad vs., for the Respondents. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J. I. Leave granted. 
2. This appeal is filed against the final judgment and order dated 
20.12.2013 of the High Court of Judicature at Patna in L.P.A. No. 758 
of2013 whereby the Division Bench of the High Court dismissed the 
appeal filed by the appellant herein against the order dated 08.11.2010 
of the learned Single Judge of the High Court in C. W.J .C. No. 5713 of 
2006 in which it was held that the appellant being the brother of the
MD. ZAMIL AHMED v. STATE OF BIHAR 
343 
[ABHAY MANOHAR SAPRE, J.] 
deceased was not entitled to claim compassionate appointment. His 
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services \Vere, therefore, tenninated on this ground. 
3. In order to appreciate the sho1t issue involved in this appeal, it 
is necessary to state a few relevant facts: 
4. One Mohd. Rashid Alam, who was working as a Constable in 
District Police Force, was killed while on security duty. He left behind 
his illiterate wife and four minor children. Since there was no one in the 
family to support the widow and the minor children, the widow of the 
deceased submitted a petition to the State (Police Department) enclosing 
an affidavit giving assurance by the appellant, who is the brother of the 
deceased, that he would support the widow and the minor children of 
the deceased constable if he.is given appointment. Accordingly, Memo 
No. 1267/P-02 dated 29.02.1991 was issued by the Director General of 
Police to appoint the appellant. Yide D.O. No. 1248/91, the appellant 
was appointed as constable w.e.f. 02.05.1991 after being declared 
medically fit on the post of Constable in the scale of 950-20-1150-25-
1400. 
5. Thereafter the appellant successfully completed his recruits 
training course and since then he had been performing satisfactory duties 
in various districts and also taking care of the illiterate widow and four 
children of the deceased constable. The appellant also, in the meantime, 
got married two daughters of the deceased
constable. 
6. After 15 years of service, on 04.06.2005, the appellant received 
a show cause notice from the senior Superintendent of Police, Patna. In 
the show cause notice, it was stated that why the appellant's services 
be not terminated because he being a "devar (brother of deceased)" 
was not included in the definition of dependent of the deceased and 
hence was not eligible to claim compassionate appointment in the State 
services. 
7. On I 0.06.2005, the appellant gave his explanation and stated 
that ever since his appointment in February 1991, he has been looking 
after the widow and four children of the deceased constable. He gave 
them education and still maintaining the family of deceased as Head of 
the family. He also explained that his dismissal, after 15 years of 
satisfactory duty, would cause undue hardship to the widow and family 
of the deceased constable because even as on today, there is no earning 
member in the family. 
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8. The senior Superintendent of Police, Patna did not accept the 
explanation offered by the appellant and terminated the services of the 
appella11t on 23.06.2005 holding his appointment on compassionate ground 
to b~ illegal and against the policy. 
9. Aggrieved by the said order, the appellant filed an appeal before 
the Inspector General of Police on 01.08.2005. 
I 0. Since the appeal was not decided by the Inspector General of 
Pol ice, the appellant filed petition being Writ Petition No. 5713 of2006 
before the High Court for quashing the order of termination passed by 
the senior Superintendent of Police, Patna with a further prayer to 
reinstate h.im with all consequential benefits or in the alternative to direct 
the authorities to decide the appeal filed by him. By order dated 
08.11.20 I 0, the learned Single Judge dismissed the petition. It was held 
that it was a case of a mistake committed by the authorities while giving 
such benefit lo the appellant and hence this is a fit case for termination 
of appellant's services. 
11. Being aggrieved by the aforesaid order, the appellant filed an 
appeal being L.P.A. No. 758 of2013. By order dated 20.12.2013, the 
Division Bench upheld the orderofthe learned Single Judge and dismissed 
the appeal. 
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12. Against the said order, the appellant has filed this appeal by 
way of special leave before this Court. 
13. We heard the learned counsel for the parties. 
14.
Keeping in view the peculiar undisputed facts of the case and 
having regard to the totality of the circumstances, we are of the considered 
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view that the State was not justified in terminating the appel !ant's services. 
In other words, the ground on which the appellant's services were 
terminated by the State after a period of 15 years of appellant's 
appointment does not appear to be well founded. This we say for the 
following reasons: 
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15. Firstly, the appellant and wife of the deceased at the time of 
seeking compassionate appointment did not conceal any fact and nor 
filed any false or incorrect document/declaration. On the other hand, 
both of them disclosed their true family relations and conditions prevailing 
in the deceased family on affidavit. 
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16. Secondly, the appellant, who is the brother of the deceased,
MD. ZAMIL AHMED v. STATE or 13IllAR 
[ABHAY MANOHAR SAPRE. J.] 
undertook to maintain the family of the deceased in the event of his 
securing the compassionate appointment and he accordingly also gave 
such undertaking to the State. 
17. Thirdly, there was no one in the family of the deceased to 
claim compassionate appointment except the appellant who, as mentioned 
above, was the close relative of the deceased, i.e., real younger brother 
and used to live with the deceased. I le was otherwise eligible to claim 
such appointment being major, educated and only male member in the 
family. 
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18. Fourthly, the appellant after securing the employment throughout 
maintained the family of the deceased in all respects for the last more 
than 15 years and he is continuing to do so. 
19. In the light of aforementioned reasons, wliich rightly persuaded 
the State to grant compassionate appointment to the appellant, we do 
not find any justification on the part of the State to dig out the appellant's 
case after 15 years of his appointment and terminate his services on the 
ground that as per the State policy, the appellant did not fall within the 
definition of the expression "dependent of deceased" to claim 
compassionate appointment. 
20. The fact that the appellant was younger brother ofthc deceased 
was within the knowledge of the State. Similarly, the State was aware 
that the brother does not fall within the definition of dependent at the 
relevant time and still the State
authorities obtained the undertaking from 
the appellant that he would maintain the family of the deceased once 
given the appointment.· 
21. In our considered view, the aforesaid facts would clearly 
show that it was a conscious decision taken by the State for giving an 
appointment to the appellant for the benefit of the family member> of 
the deceased who were facing financial hardship due to sudden demise 
of their bread earner. The appellant being the only close relative of the 
deceased could be given the appointment in the circumstances prevailing 
in the family. In our view, it was a right decision taken by the State as a 
welfare state to help the family of the deceased at the time of need of 
the family. 
22. In these circumstances, we arc of the view that there was no 
justification on the part of the State to wOkc up after the lapse of 15 
years and terminate the services of the appellant on such ground. In any 
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case, we are of the view that whether it was a conscious decision of the 
State to give appointment to the appellant as we have held above or a 
case of mistake on the part of the State in giving appointment to the 
appellant which now as per the State was contrary to the policy as held 
by the learned Single Judge, the State by their own conduct having 
condoned their lapse due to passage of time of 15 years, it was too late 
on the part of the State to have raised such ground for cancelling the 
appellant's appointment and terminating his services. It was more so 
beca'use the appellant was not responsible for making any false 
declaration and nor he suppressed any material fact for securing the 
appointment. The State was, therefore, not entitled to take advantage of 
their own mistake if they felt it to be so. The position would have been 
different ifthe appellant had committed some kind offraud or manipulation 
or suppression of material fact for securing the appointment. As 
mentioned above such was not the case of the State. 
23. It is for this reason, we are of the view that action on the part 
D of welfare State in terminating the appellant's service on such ground 
cannot be countenanced. We, therefore, disapprove the action taken by 
the State. 
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24. ln the light of foregoing discussion, we allow the appeal, set 
aside the impugned orders and in consequence allow the writ petition 
filed by the
appellant (writ petitioner) and quash the appellant's termination · 
order dated 23.06.2005 (Annexure -P-4 of SLP). 
25. As a consequence thereof, the respondent-State is directed to 
reinstate the appellant in service with all consequential benefits such as 
payment of full back wages payable from the date of termination 
(23.06.2005) till the date of reinstatement in service. The appellant is 
also entitled to claim his seniority and notional promotions as per rules. ft 
be fixed accordingly. 
26. Let the appellant be reinstated in service within a month as an 
outer limit and the arrears of back wages, as directed, be paid to the 
appellant with in three months by the respondent-State. 
27. Cost of this appeal is quantified at Rs.5000/- and the same be 
paid to the appellant by the respondent-State along with the arrears of 
back wages. 
Kalpana K. Tripathy 
Appeal allo\ved.