SUMITRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer is the writ petitions is to quash Annexure-9 and to issue writ of mandamus commanding respondents to give appointment to the petitioner No. 2 on compassionate ground in terms of Government Circular (Annexure-1).

(2.) The petitioner's claim to be the wife and son of the government servant Late Jagat Bahadur, who died in harness on 24-12-82. The petitioners being dependents of the deceased Government servant claimed appointment on the compassionate ground in the light of the government circular contained in letter No. 12764 dated 12-7-1977 issued by the Personnel and Administrative Reforms Department (Annexure-1). However, the claim was rejected vide letter No. 3222 dated 26-8-94 issued by the Under-Secretary, Water Resources Department, State of Bihar (Annexure9) solely on the ground that they were citizens of Nepal, for whom there is no provision for giving appointment to the dependent of the deceased government servant on the compassionate ground,

(3.) The learned Counsel for the petitioners submitted that the aforementioned Government circular (Annexure-1) does not differentiate between a citizen of this country and a non- citizen. According to the learned Counsel, under Annexure-1 the case of any one member of the family of the deceased government servant is to be considered for appointment on the post of class III and IV no compassionate ground. The conditions for consideration as laid down are that the financial condition of the family of the government servant is not good and that none in the family is in a condition to extend support for ordinary living and sustenance of the family. The other condition is that such member of the family must fulfil the requisite qualification for the post and is within the prescribed age limit, which, under special circumstance, can be relaxed in the exercise of the power under rule 54 of the Bihar Services Code. Further, such member of the family has been exempted from getting himself registered in Employment Exchange for such appointment and the decision in regard to it solely vests in the appointing authority. Ordinarily the claim for such appointment is available only for two years of the death of the deceased government servant to a member of his family, which means his wife, son and unmarried daughter.