RAMESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached "this Court for quashing the order dated 29.6.1999 whereby their representation for appointment on Class III post on compassionate ground has been rejected, Annexure 1 and also for a direction to the respondents to consider their case for appointment against Class III past.

(2.) The father of the petitioners were in Government service, They died in harness. The petitioners filed applications for their appointment on compassionate ground. The claim of the petitioners is that they had qualification and their names were recommended by the Committee for appointment on Class III post. The respondents instead of appointment as recommended by the Departmental Compassionate Appointment Committee issued letter dated 28.9.1992, Annexure 3, stating that on consideration it was fond that Class IV post is Available and the department is ready to appoint them on Class IV post and as such submit an affidavit within a period of thirty days indicating the acceptance of appointment on Class IV post failing which their candidature for appointment on compassionate ground shall stand rejected. The petitioners thereafter filed an affidavit indicating the acceptance for appointment on class IV post. They were appointed as such vide letter dated 30.6.1993, Annexure 4, and they joined their post. They after joining filed a protest petition for their appointment on Class III post. They also filed representation for redressal of their grievance stating therein that in similar case some persons had been appointed on. Class III post and the High Court has also passed orders for appointment on Class III post. The said protest petition/ representation has been rejected vide Annexure 1, which has been impugned in this writ petition.

(3.) A counter affidavit and a supplementary counter affidavit have been filed on behalf of respondent No. 4 wherein it has been stated that vide resolution of the Personnel and Administrative Reforms Department dated 5.10.1991 the earlier decision for appointment on compassionate ground has been amended and it, has been decided that once a person is appointed on compassionate ground he cannot be allowed to get advantage of promotional post or change of cadre on compassionate ground, Annexure 'A', and as such the petitioners have no right to seek appointment on compassionate ground to a particular class or cadre of post. The job offered need not be commensurate with the qualification. There were no Class III posts vacant/existing at the relevant time and as such the petitioners were appointed on Class IV post. One Manoj Kumar Mishra was appointed on Class III post on the direction of the High Court in C.W.J.C. No. 10699 of 1996 disposed of on 21.10.1997. The Apex Court has already decided such matter to the effect that no direction can be issued for appointment on Class III post. The order has also been annexed of this Court rejecting such claim.