ARBIND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions making similar grievance and on same facts have been heard together and are being disposed of by this common order. There are ten petitioners in all. They seek direction upon the respondents to appoint them on Class III posts on compassionate ground as per their qualification. They have already been offered appointment on Class IV posts.

(2.) The grievance of the petitioners is that though they possess the requisite qualification for appointment to Class III posts they have been offered appointment on Class IV posts on the basis of competitive test. It is said that the circulars of the State Government regarding compassionate appointment do not envisage holding of any competitive test. It has been urged that in any case if the respondents wanted to hold any competitive test, they should have informed the petitioners and given opportunity to prepare them for such test.

(3.) The nature and scope of compassionate appointment has been subject-matter of several decisions. I may refer to one of them, namely, Umesh Kumar Nagpal v. The State of Haryana and Ors. . The following passage from the judgment is apposite on the point: The whole object of granting compassionate employment is 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 provisions 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 post in non-manual and manual categories and hence, they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency.