PHUL KUMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of five petitioners has been filed for direction upon the respondents to appoint one of them on compassionate ground on the death of late Ramchandra Ram, who died in harness on the post of Peon in the Revenue and Land Reforms Department of the State Government.

(2.) WHEN the case was taken up, learned Government Pleader stated that despite communications by letter as well as by telephonic message, instructions have not been furnished to him. It may be mentioned that the hearing of the case was adjourned on two occasions to enable the Government Pleader to take instructions from the respondents for final disposal of the case. Having regard to the object of compassionate appointment it is imperative that appointment, if any, is made as early as possible, otherwise not only the purpose of compassionate appointment gets frustrated, the appointment also becomes vulnerable to challenge on the ground of infraction of Articles 14 and 16 of the Constitution. In this view of the matter, I do not think it would be proper to delay the disposal of the case.

(3.) AS to who between the two wives and/or her children should be appointed on compassionate ground, or any of them should at all be appointed on compassionate ground, is to be considered by the concerned authorities and not by the High Court. Compassionate appointment is intended to provide financial succour to the bereaved family on account of sudden death of the bread -earner in harness and, therefore, it is of utmost importance that the financial condition of the family should be such that without appointment of one of the dependents of the deceased government servant the family may not sustain itself. In other words, compassionate appointment is not to be made as a matter of course in every case of death of the government servant in harness.