SURESH PRASAD KUSWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) EMPLOYMENT on the ground of descent is barred by Article 16 of the Constitution, and accordingly, the erstwhile practice of giving an employment to the post of Chawkidar on being nominated by the erstwhile Chawkidar to one of his descended has been declared by a Division Bench of this Court to be a wrong and inappropriate precedent wrongly created by the State. Such kind of nomination, until such time the post was not a Government post, could be held to be valid but since from 1st January, 1990 the post of Chawkidar become a Government post, for appointment in such post question of nomination did not arise. It appears that a post of Chawkidar is available. It appears that the petitioner had applied for that post and it also appears that apart from the petitioner, many others had applied for the self same post. While the application of the petitioner has been rejected on the ground that the erstwhile Chawkidar has not nominated in favour of the petitioner, the Respondent No. 7 has been accorded such appointment on the ground that she is the widow of the erstwhile Chawkidar. The appointment in favour of the Respondent No. 7 has not been made on the basis of nomination by the erstwhile Chawkidar. If the appointment in favour of the Respondent No. 7 had been made on the basis of nomination made by the erstwhile Chawkidar, such appointment would have been absolutely bad. However, there is a policy of the Government to grant appointments on compassionate ground and such appointments are available if the Government employee had died -in -harness to a member of the family of the deceased Government employee. In the event, the Respondent No. 7 had been granted an appointment on compassionate ground, of course such appointment could not be interfere with. In order to get an appointment on compassionate ground, the person seeking the appoint - merit must make an application stating that he or she is seeking an appointment on compassionate ground and such appointment can be accorded if the application is within the four corner of the policy and principally when the Government employee has died -in -harness. If such a compassionate appointment has not been granted to the Respondent No. 7, the appointment granted to the Respondent No. 7 is bad and illegal perse. It does not appear that the Government employee died in harness and accordingly, the Respondent no. 7 being his widow could not be accorded a compassionate appointment. The Respondent no. 7. therefore, had been appointed solely on the ground that she is a close relative of the earlier Chawkidar. Article 16 of the Constitution does not permit grant of appointment on such basis and accordingly, the said appointment is illegal. To fill -up the vacancy, which has been created by reason of retirement of the erstwhile Chawkidar, it is obligatory on the part of the State to advertise the post and to fill -up the said post by selecting the best amongst all. Let such steps be taken as quickly as possible but not later than three months from today.

(3.) THIS disposes of the writ petition.