SANTOSH KUMAR SON OF LATE RAMBRIKSH PASWAN RESIDENT OF VILLAGE & P.O. ISUA, POLICE STATION Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking writ of certiorari to quash the order dated 17.12.2011 passed by the District Compassionate Appointment Committee, Nalanda at Biharsharif by which the application of the petitioner for appointment under dying in harness rules has been rejected.

(2.) The application for appointment under dying in harness rules has been rejected on the ground that at the time of death of the petitioner's father who died in harness one son of the deceased was in service in the department of railways. The deceased was an employee of State of Bihar. He was head clerk in the office of Executive Engineer, Waterways Division, Nalanda, Biharshariff.

(3.) The appointment in dying in harness is governed by the Government order issued by the State of Bihar from time to time in its executive power under Art. 162 of the Constitution of India. No rule under Article-309 proviso-2 has been placed before me, which specifically provides that the benefit of compassionate appointment shall be available to only one dependent of the deceased. Thus, dependent of deceased is to be read along with the definition of the family given in the Government order. The family is defined containing the wife of deceased, son, unmarried daughter and widow of the son. It is a settled law that the definition of the family has to be considered in the context the word 'family' has been used in the context of dependency not as a whole.