Sanjeev Kumar vs The State of Bihar and Others

Barin Ghosh, J.—Heard both the parties. The application made by the petitioner on 19th November, 2003 for appointment on compassionate ground for his father, a Government employee, died in harness on 6th April, 2002 has been rejected by the impugned Memo No. 3021 dated 24th November, 2003 on the ground that in terms of the policy of the Government a dependent of an employee who was initially appointed in the Work Charged Establishment but later on appointed or regularised in the permanent Establishment is not entitled to a compassionate appointment even if the employee concerned dies in harness. This policy of the Government has been struck down by the Division Bench in the case of Dilip Kumar Bhattacharya and Others Vs. State of Bihar and Others when the Division Bench held that such an employee is also entitled to compassionate appointment.

In such view of the matter, the impugned Memo dated 24th November, 2003 rejecting the application of the petitioner for compassionate appointment is quashed with a direction upon the Superintending Engineer, Irrigation Department, (Tirhut Canal Division No. 1) Muzaffarpur to reach the said application of the petitioner for compassionate appointment to its final conclusion as quickly as possible but not later that 12 weeks from the date of service of a copy of this order. This disposes of the writ petition. There shall be no order as to costs.