DHARMENDRA KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE father of the petitioner died in harness on 22.10.1988. On 22nd January, 1993 the petitioner became major and accordingly became competent to obtain Government employment. On 3.2.1993 a representation was made by the petitioners mother for appointing the petitioner on compassionate ground. As on the date of death the time to make an application for compassionate appointment was two years. In 1988 different Unions representing the employees represented to the Government to enhance the time limit of two years to five years. This representation of the Unions was accepted by the Government and in 1988 the Government entered into agreements with the Unions and thereby agreed to enhance the time to submit an application for compassionate appointment to five years from the date of death of the Government employee dying in harness. Accordingly, a circular was issued to implement the said agreement. Unfortunately, it was mentioned in the circular that there shall be no time limit for making an application for compassionate appointment.

(2.) IT must be kept in mind that right to compassionate appointment crystallizes on the date of death of the Government employee. A person seeking compassionate appointment, therefore, is required to have his eligibility for such appointment on the date of the death. However, when a time limit is fixed for making an application, as held by two Division Bench decisions of this Court, a person not having qualification on the date of death can acquire the same within the period so limited and apply for an appointment within such period. In such view of the matter, in view of the said agreement though the petitioner was not qualified to be appointed on the date of death of the deceased employee i.e. 22nd October, 1988 but he could acquire such qualification within five years from the date of the death i.e. within 22nd October, 1993 and could apply for compassionate appointment within such time limit. As aforesaid, the petitioner became eligible to apply on 22nd January, 1993 and his mother on 3rd February, 1993 did apply for compassionate appointment of her son. However, inasmuch as no time limit was mentioned in the 1989 circular, the eligibility criteria stood fixed with the date of death of the deceased Government employee and as a result what the employees got by way of the agreements was lost to them immediately upon the 1989 circular was published. This mistake has been rectified by the Government in the 1995 circular. For all practical purposes, therefore, it must be deemed that in view of the said agreements mentioned in the circular of 1989 the time limit for applying for a compassionate appointment stood enhanced to five years from the date of death. It was, therefore, permissible for the applicant to acquire eligibility within five years from the date of death and to apply, As the petitioner had acquired the qualification within five years from the date of death and as an application to give an appointment was made within five years from the date of death, the said application is required to be decided on its merit in accordance with law.

(3.) THERE shall be no order as to costs.