CHANDRADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, State and the counsel for the Bihar Public Service Commission (hereinafter referred to as "B.P.S.C")

(2.) Petitioners were applicant for appointment on District Level Class-Ill post available in the Regional Offices of Gopalganj District pursuant to Advertisement No. 51/98, Annexure-1 published by the B.P.S.C. Perusal of the advertisement indicates that the requisition submitted by the authorities of the District Administration, Gopalganj did not contain information about the number of vacancies. Later, information about the vacancies was given to the B.P.S.C. under Letter No. 41/H dated 13.5.2005, Annexure-B to the counter affidavit filed on behalf of Respondent No.3, Collector, Gopalganj. From perusal of the letter dated 13.5.2005 it appears that B.P.S.C. was informed that there are 60 Class-Ill vacancies available in the Collectorate, Gopalganj, its attached offices and other Regional offices situate within Gopalganj District. In the light of the vacancy position, informed under letter dated 13.5.2005, further clarification was sought by the B.P.S.C. from Collector, Gopalganj about the roster position of the vacancies informed, under letter dated 30.12.2006, Annexure-B/1 to the counter affidavit filed on behalf of Respondent No.3. In response to the aforesaid letter dated 30.12.2006, Collector, Gopalganj under Letter No. 91 dated 19.1.2007, Annexure-B/2 informed the B.P.S.C. the roster position concerning the 14 vacancies of Revenue Karmchari with further request to Commission not to make recommendation against the vacancies of clerk which is to be filled up either by making compassionate appointment or by adjusting the employees of the District Rural Development Agency.

(3.) During the last hearing of this case on 3.1.2012, counsel for the petitioner raised the question as to what happened to the other 46 vacancies which was informed to the B.P.S.C. under letter dated 13.5.2005 and submitted that appointment of D.R.D.A. employee by way of adjustment and compassionate appointment could not be made against the 46 vacancies available in the different Regional offices within Gopalganj District as adjustment of D.R.D.A. employee and compassionate appointment on Class-Ill post available in Regional Offices required to be filled up on the basis of the recommendation of the B.P.S.C./ Staff Selection Commission cannot be made in the light of the circular of the Government dated 5.10.1991 as modified under circular dated 27.4.1995 which clearly states that compassionate appointment against those Class-Ill post which is to be filled up on the basis of the recommendation of either B.P.S.C. or Staff Selection Commission should not be made. He further pointed out that compassionate appointment is to be made in the same office in which the deceased employee served before his death.