MEENA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioners for getting compassionate appointment of petitioner No. 2 because of death of his father who has expired on 29th June, 1990 while in service of the respondents. Counsel for the respondents opposes the prayer for compassionate appointment on the ground that the very purpose for compassionate appointment has now been frustrated because of lapse of approximately 22 years long period.

(2.) Learned senior counsel appearing on behalf of the petitioner has placed strong reliance on the decision of a learned Single Judge of the Patna High Court in Chandra Bhushan v. State of Bihar. Learned senior counsel points out that it was held in that case that an applicant's right cannot be defeated on the ground of delay caused by authorities which was beyond the control of the applicant. Learned senior counsel further points out that instead of following the above Judgment, the same learned Judge has now held on 21.4.1997 that the application is time-barred. Learned Counsel has placed before us a judgment of this Court in Director of Education (Secondary) v. Pushpendra Kumar. He submits that, in this case, a direction was given to create supernumerary posts.

(3.) We are unable to agree with the submissions of the learned senior counsel for the petitioner. this Court has held in a number of cases that compassionate appointment is intended to enable the family of the deceased employee to tide over sudden crisis resulting due to death of the bread earner had left the family in penury and without any means of livelihood. In fact such a view has been expressed in the very decision cited by the petitioner in Director of Education v. Pushpendra Kumar. It is also significant to notice that on the date when the first application was made by the petitioner on 2.6.1998, the petitioner was a minor and was not eligible for appointment. This is conceded by the petitioner. There cannot be reservation of a vacancy till such time as the petitioner becomes a major after a number of years, unless there are some specific provisions. The very basis of compassionate appointment is to see that the family gets immediate relief.