ARUN KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the appellant.

(2.) THE father of the appellant died in harness on 9.2.1982. The appellant was then a minor. At the relevant time, period for making application for appointment on compassionate ground was two years from the date of death of the concerned employee. It is not known when the appellant attained majority, but he applied for appointment on compassionate ground sometime in the year 1986. Obviously the application was made beyond the period of time prescribed by the relevant circular. Since he was not favoured with order of appointment on compassionate ground, he filed a writ petition before this Court being CWJC No. 10976 of 1993. The said writ petition was dismissed by a Division Bench on 2.12.1994. It is not disputed that the said order of this Court has attained finality as it was not appealed against.

(3.) APART from other reasons, it has been held by the Hon'ble Supreme Court in several decisions that the appointment on compassionate ground serves a purpose, namely, to provide some relief to the family of the deceased employee facing financial problems on account of premature death of the concerned employee. Such purpose can never be served if the appointment on compassionate ground is not granted immediately when it is required and is granted several years later. We can not lose sight of the fact that under Article 16 of the Constitution of India, no person can be employed on the ground of descent alone. The appointments given on compassion ground are not hit by the prohibition contained in Article 16 of the Constitution because the purpose for which, appointment is given, is different, namely, providing some relief to the family of a deceased employee. If such purpose is not served by giving such appointment, it would amount to giving appointment on the ground of descent which is prohibited by Article 16 of the Constitution.