HALIMUM NISSA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this application seek a direction to the concerned authorities to appoint petitioners No. 2 on a suitable Class-Ill post on compassionate grounds following the death of the husband of petitioner No. 1 and the father of the petitioner No. 2 while in service.

(2.) The material facts of this case are brief and without any controversy. The father of petitioner No. 2 Abul Hasan died on 12-4-1990 while working as a peon in the Government Urdu Library, Patna (hereinafter referred to as 'the Library'). The petitioners filed an application for the appointment of petitioner No. 2 on compassionate grounds. The Secretary of the Library on 30-7-91 forwarded the application in the prescribed proforma to the Dist. Level Compassionate Committee for its consideration. The committee in its meeting held on 17-9-1992 considered a number of cases for appointment on compassionate grounds. In the case of petitioner No. 2 it made a recommendation that he should be appointed on a Class III post in the Library. The committee further observed that in case no vacant post was available in the Library, petitioner No. 2 should be appointed on any suitable Class III posts in the concerned Directorate. A copy of the minutes of the committee's proceedings dated 17-9-1992 was sent to the Library authorities for their information. Thereafter the petitioners approached the concerned authorities for the issuance of the necessary appointment letters etc. but getting no favourable response from them for a long time, they finally came to this Court in this writ petition.

(3.) On notice being issued a detailed counter affidavit has been filed on behalf of respondent Nos. 2 and 3. In the counter affidavit, it is stated that the recommendation of the Dist. Level Compassionate Committee notwithstanding the Government decided not to appoint petitioner No. 2 on compassionate ground for the reason that his deceased father was not a Government servant because his post was not sanctioned by the Government till his death" and he "was not working on the sanctioned post." From the counter affidavit, it appears that on 1-8-1974, the Late Abdul Hasan was appointed as a Darban on daily wages by the then Secretary of the Library. He worked till 30-4-1977 on daily wages. Thereafter, the managing committee of the Library sanctioned his salary in the time scale of pay of Rs. 155-190 w.e.f. 4-5-1977. The fixation of the salary in the time scale of pay was objected to by the Superintendent of Libraries, Bihar. He raised an objection that there being no sanctioned post the appointment of Abul Hassan was irregular and he could not be paid his salary as directed by the managing committee of the Library. On this objection being raised by the Superintendent of libraries, the payment of salary of Abul Hassan was withheld. Abul Hassan then made a representation before the Director, Higher Education, Bihar who by his order dated 7-1-1989 directed for the release of his salary with retrospective effect. The Director, however, asked the managing committee of the Library to request the Government for sanctioning two posts of Darban against one of which the appointment of Abul Hassan could be regularised. Following the direction contained in the Director's letter dated 7-1-1989 the past and current salary of Abul Hassan was released. The Secretary of the Library also requested the Government vide letter dated 1-5-1989 to sanction two Class IV posts for the Library. The letter remained pending with the Government and in the meanwhile Abul Hassan died on 12-4-1990.