LAWS(PAT)-1996-8-61

KANAHIYA KUMAR Vs. STATE OF BIHAR

Decided On August 06, 1996
KANAHIYA KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The matter relates to compassionate appointment of one adopted son.

(2.) The petitioner has prayed for issuance of writ of mandamus for his appointment on compassionate ground, being adopted son of one Late Ram Pyare Singh.

(3.) The facts, which are not in dispute show that Late Ram Pyare Singh was employee of the Respondent-State of Bihar. He (Ram Pyare Singh) adopted the petitioner as his son by a deed of adoption dated 3rd of June, 1980 with the consent of his wife, Smt. Rajeshwari Devi. The petitioner was below 12 years' of age at that point of time. Said Ram Pyare Singh died, while in service, on 21st of August, 1985. Application was filed by the widow, Smt. Rajeshwari Devi for appointment of petitioner on compassionate ground, being son of Late Ram Pyare Singh to look after the family, there being no other member being in service. The petitioner in the meantime passed Matriculation Examination in the year 1985, Intermediate Examination in 1987 and B.A. (Hons.) in 1990. The case of petitioner and another similarly situated person, namely, Shri Kamal Ranjan was placed before the District Level Compassionate Committee for consideration of their cases for appointment on compassionate ground. The said Committee by meeting dated 17th of April, 1991, while accepted in the cases of both the persons, i.e. Shri Kamal Ranjan and the petitioner that their claim for appointment on compassionate ground is genuine, they being adopted sons of respective deceased Government employees, but in absence of any specific guideline, referred the matter to the higher authority. The District Magistrate, Rohtas (Sasaram) by letter dated 8th of December, 1993, referred the matter to the State Government, as in the meantime, by Resolution No. 13293 dated 15th of October, 1991, it was decided by the State Government, that adopted son cannot be treated to be a dependant of an employee. No relief having been provided to the petitioner, he filed the writ petition on 22nd of December, 1994.