Amit Madhukar vs. M.D.

IN THE HIGH COURT OF JHARKHAND AT RANCH W. P. ( S) No. 7652 of 200.6 Amit Kumar Madhukar …Petitioner. -Versys-The Managing Director, Bihar State Food and Civil Supplies Corporation & anr.………..Respondents. ---

CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH

8/ 13.2.2013 Heard learned counsel for the parties.

The petitioner has come before this Court for directing the respondents to appoint him on compassionate ground on the post of Class III or Class IV post on account of death of his father who died in harness on 15th October, 2003 while in service under the Respondents-Bihar State Food and Civil Supplies Corporation.

According to the petitioner, he made an application for compassionate appointment on 5th December, 2003 enclosing all necessary documents such as Educational Certificate, Succession Certificate, affidavit sworn by his widow mother, brother and sister. He holds qualification of intermediate of Arts from Bihar Intermediate Council, Patna and his date of birth is 1st January, 1978. He again represented on 5th July, 2006 since the respondents were not responding to his application. Thereafter, he has preferred this writ application for directing the respondents to consider his case for grant of such appointment.

The respondents have appeared and filed their affidavit as well as supplementary counter affidavit. The respondents-Corporation has taken a stand which is contained in Annexure-D dated 29th May, 2009, office order, whereby pursuant to the meeting of the Governing Body of the Corporation a decision has been taken imposing complete ban on such compassionate ground. The reason for such ban is that there are 820 Class-IV employees working in the Corporation and there are 632 Class IV employees more than required in the Corporation and as such there is no vacant post available in the Corporation It is further indicated therein that pursuant to the 110th Meeting held on 2nd April, 2004, no appointment in future is also going to be made on the basis of compassionate appointment and a direction has been issued to the competent authorities to reject the applications of such persons seeking compassionate appointment. The office order also encloses a list of such applicants whose applications have been rejected.

Learned counsel for the petitioner has relied upon the judgment of the Patna High Court annexed as Annexure-C Series, wherein an observation has been made that if in future the financial position of the Corporation improves, then cases of such petitioners may be considered along with others seeking compassionate appointment in accordance with law. This court, however, is bound by the law laid down by Hon'ble Supreme Court that in such circumstances when the death of the employee has occurred in October, 2003, the whole purposes of compassionate appointment is to provide immediate relief to the dependent family of the deceased. In the recent judgment of the Hon'ble Supreme Court laid down in the case of The Chief Commissioner, Central Excise and Customs, Lucknow & Ors.-Vs.- Prabhat Singh rendered in JT 2013(1) SC 350, the Hon'ble Supreme Court has clearly laid down that appointment on compassionate ground have only to be made in terms of the norms and circulars prevalent in his organization concerned and sympathy has no place in the same. As appears from the stand of the respondents, they have decided to place complete ban on compassionate grounds due to heavy overstaffing.

In those circumstances, therefore, this Court is constrained in granting any relief to the petitioner. Accordingly, this writ petition is dismissed.

jk (Aparesh Kumar Singh, J)