SUNNY KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing for the State-respondents.

(2.) The petitioner 's father died on 23.10.2010 in harness. Thereafter, the petitioner applied seeking appointment on compassionate ground being the third son and dependant. The application of the petitioner was considered by the Central Compassionate Appointment Committee in its meeting on 28.09.2011 (Annexure-7) and the Committee decided to reject the same on the ground that the first son of the deceased employee was in Government service. On the representation by the petitioner and the family members of the deceased, the matter was remitted back by the Administrative Department, as apparent from the letter dated 29.02.2012 and annexures therewith (Annexure-8), for reconsideration after finding it inconsistent with the circular no. 13293 dated 05.10.1991 and also the decision taken by the Committee on 17.03.2011 in case of Sri Mukesh Kumar. In pursuance thereof the Committee in its meeting dated 06.03.2012 considered the matter again and rejected the prayer of the petitioner for compassionate appointment. This order of the Committee is impugned in this writ application.

(3.) The learned senior counsel appearing on behalf of the petitioner has submitted that the impugned order discloses a non-application of mind by the Committee as it is virtual repetition of the earlier decision and no consideration on the basis of the directions in the matter as issued in the remand letter of the Administrative Department has been bestowed. The learned senior counsel has further submitted that engagement/employment of one of the dependants of the deceased employee in Government service cannot be the sole ground for rejecting the claim of the dependant for compassionate appointment and in such a case the other considerations are required to be gone into. The learned senior counsel has relied on the decisions of this Court in the case of Santosh Kumar Vs. The State of Bihar 2013 (1) P.L.J.R. 454 and unreported decisions in the case of Rajesh Kumar Vs. The State of Bihar in C.W.J.C. No. 1536 of 2013 and Rajeev Kumar Manjhi Vs. The State of Bihar in CWJC No. 15600 of 2009 annexed as Annexures-11, 12 and 15 to the writ application and the rejoinder to the supplementary counter affidavit.