KRISHNA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing that part of the decision taken by the District Compassionate Committee dated 25-9-1997 by which the Committee has recommended to give appointment to the respondent No. 4 on compassionate ground ignoring the rightful claim of the petitioner. A further prayer has been made for issuance of appropriate direction to the respondents to appoint the petitioner on compassionate ground on the ground that his father died in harness.

(2.) The petitioner's case, inter alia, is that his father while working as Chowkidar in Nagan Untari P.S. died on 11-4-1994. The petitioner accordingly applied on 10-5-1994 before the respondent No. 2, Deputy Commissioner, Garhwa for giving him appointment on compassionate ground and for that petitioner submitted all relevant documents with regard to his qualification including an affidavit stating that he is the only son of his deceased father. It is stated that the respondent No. 4 also submitted a representation claiming himself to be the son of the second wife of the deceased No. 2 sought legal opinion from the office of Advocate General, Bihar, Patna with regard to giving compassionate appointment to the rightful person and accordingly an opinion was given from the office of Advocate-General, Bihar, Patna stating that the petitioner being the son of the first wife is entitled to get appointment on compassionate ground. It is further stated that the Joint Secretary (Police Department) also written a letter dated 19-3-1996 to respondent No. 2 stating therein that the case of the petitioner can be considered for giving appointment on compassionate ground. The petitioner's further case is that a will was executed by the deceased father of the petitioner in which it was stated that the petitioner is the sole successor of all the properties as well as other things belonging to the deceased employee. The petitioner filed several representations to all the respondents including the Deputy Commissioner and the Commissioner, Palamau Division at Daltonganj. However, the respondents-authorities ignoring the rightful claim of the petitioner had taken a decision in the District Compassionate Committee on 25-9-1997 and held that the petitioner is entitled to get all the monetary benefits accrued on account of death of the deceased employee, whereas the respondent No, 4 is entitled for appointment 011 compassionate ground and accordingly the Committee has recommended for appointment of the respondent No. 4 on compassionate ground, A copy of the impugned decision of the Committee has been annexed as Annexure-7 to the writ application.

(3.) Counter-affidavits have been filed on behalf of respondents. In the counter-affidavit filed by the respondent No. 3, it is stated that the illegitimate son is also entitled for appointment on compassionate ground and the committee has rightly decided that all the monetary benefits should be given to the petitioner and service on compassionate ground will be given to respondent No. 4.