GUNJAN @ GUNJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to add Principal Secretary, Personnel and Administrative Reforms Department as respondent No 8 to this writ petition. Heard learned counsel for the petitioner and the respondent-State.

(2.) Claim of the petitioner for appointment on compassionate ground has been made since father of the petitioner is traceless with effect from 08.01.1994. This fact is admitted by the respondents. On lapse of the requisite period of seven years, respondents have acknowledged civil death of the father of the petitioner to make available the retiral benefits to the dependents of the deceased employee. Claim of the petitioner for compassionate appointment on account of civil death of his father having occurred in 2001 has, however, been rejected relying upon Circular No 281 dated 01.02.2006. Claim has also been rejected by assigning a reason that petitioner's claim cannot be considered as per Government decision dated 31.10.2008, as the same has no retrospective effect.

(3.) The issue whether having regard to the provisions contained in the departmental Circular dated 01.02.2006, claim of the petitioner could have been rejected, even though the right accrued in favour of the petitioner for consideration of appointment on compassionate ground, earlier in January 2001, is the issue which falls for consideration in the instant proceeding. Provisions contained in one Circular No 9739 dated 26.11.1997 to consider the case of dependents of those Government servant who have remained traceless for seven years for appointment on compassionate ground was not revised in the Circular dated 01.02.2006. taking notice of this fact, this Court, in the case of Smt Kaushalya Devi -Versus- State of Bihar and Others, 2009 (2) PLJR 325, quashed the rejection of the petitioner's claim for compassionate appointment and directed for consideration of the claim on the basis of Circular dated 26.07.1997.