Ram Pravesh Ram vs The State of Bihar and Others

All things considered. The issue raised in the writ petition on the order which has been passed upon it is whether there can be an appointment under the principle of rule of harness, that is to say, compassionate appointment, in armed services or for the ward of a person in uniform with appointment in uniform also. The learned judge was of the opinion that this cannot be done. Notwithstanding that the petitioner''s father has rendered good services to the police force but one thing is clear that his son could not be appointed in his place. Learned judge has taken into account the aspect that the petitioner''s appointment was made during the life time of his father in service and that appointment could not be treated as compassionate appointment in any case.

The learned judge was not incorrect in this. Further, if a person in uniform, for instance the police service, were to die in harness or during the course of service then there can be no direction from the court that the rule of compassionate appointment should apply. That the rule of compassionate appointment functions outside the uniform services is another matter. Even otherwise the compassionate appointment is a system which the administration suffers. The court cannot encourage it. The learned judge has committed no error by passing the order on the writ petition. The appeal is misconceived and is, accordingly, dismissed.