Kesho Ram vs The State of Bihar and Others

The court has heard learned Counsel for the Appellant. On submissions urged rather strenuously that notwithstanding that he. is over-age yet he be considered for employment under the rule of harness for a compassionate appointment. he court has seen the record of the writ petition as also the letters patent appeal

Normally, the court would not have made its observations but if ridiculous situations may make bad precedents then the time has come that the court must make its observations for the millions, who are unemployed and look to this rule of harness jealously which virtually is a zamindari on government service of its own kind.

The policy of the government may remain for this is a matter between the government and its policy makers. But the discretion of relaxation in age to induct wards of deceased government employees is creating problems and complications as also misunderstanding between persons who are unemployed and others who would like to get a government job but cannot have it so easily, compared to sons and daughters of government servants who die in service.

In the present case, admittedly, the Petitioner-Appellant is beyond 40 years of age. On record he is acknowledged to be 43 years plus as on the date when he made the application. It is contended that the court must exercise its discretion to issue a writ of mandamus to the State that it must exercise its discretion on relaxation of the age. Can this be done ?

It would be best, the court recommends, that the power of relaxation be done away with.

The court does not find any reason to differ with the order of the learned judge.

Dismissed.

Let a copy of this order be sent to the Department of Personnel and Administrative Reforms, Government of Bihar.