SRAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for following relief/reliefs:

(2.) The petitioner's mother who was in service died on 29/1/2016. Resultantly, petitioner submitted application on 10/3/2016 to appoint him on compassionate ground.

(3.) The grievance of the petitioner has not been considered by the respondents. In their counter statement, it is submitted that by virtue of policy of the High Court dtd. 4/1/2016, 3 % of the posts were earmarked for compassionate appointment and it would be effective from 4/1/2016. Total cadre strength of the posts are 66 and 3 % would be 2 posts. Learned counsel for the respondents vehemently contended that those two posts with reference to 3 % read with the policy decision of the Court dtd. 4/1/2016 has been given effect to in filling up of two posts namely Shri Vikram Kumar Shrivastava and Shri Chandan Kumar Singh. Their particulars are that Shri Vikram Kumar Shrivastava father's died on 28/8/2018 and Shri Chandan Kumar Singh father's died on 23/2/2012 and it is much prior to policy dtd. 4/1/2016. Filling up of these two posts could not be decide with reference to 3 % determination in the policy dtd. 4/1/2016 for the reasons that policy decision determining 3 % compassionate appointment dtd. 4/1/2016 has no retrospectivity. In other words, in absence of determination of percentage of the posts, Shri. Vikram Kumar Shrivastava and Shri. Chandan Kumar Singh were to be accommodated. The 3 % quota earmarked for compassionate appointment would operate from 4/1/2016, the date of introduction of policy whereas petitioner's mother died on 29/1/2016 and application is dtd. 10/3/2016, therefore, the policy dtd. 4/1/2016 in determining 3 % earmarked for compassionate appointment is applicable to the petitioner's case and not to the cases of Shri. Vikram Kumar Shrivastava and Shri. Chandan Kumar Singh.