Full Judgment Text
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PETITIONER:
JAGDISH PRASAD
Vs.
RESPONDENT:
THE STATE OF BIHAR & ANR.
DATE OF JUDGMENT13/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1996 SCC (1) 301 JT 1995 (9) 131
1995 SCALE (6)545
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The High Court had dismissed the writ petition seeking
appointment of the appellant on compassionate grounds. The
admitted fact is that he was four years old at the time when
his father died in harness in the year 1971. He filed the
writ petition after attaining majority in 1994 for a
direction to appoint him on compassionate grounds which was
negatived.
It is contended for the appellant that when his father
died in harness, the appellant was minor; the compassionate
circumstances continue to subsist even till date and that,
therefore, the court is required to examine whether the
appointment should be made on compassionate grounds. We are
afraid, we cannot accede to the contention. The very object
of appointment of a dependent of the deceased employees who
die in harness is to relieve unexpected immediate hardship
and distress caused to the family by sudden demise of the
earning member of the family. Since the death occurred way
back in 1971, in which year the appellant was four years
old, it cannot be said that he is entitled to be appointed
after he attained majority long thereafter. In other words,
if that contention is accepted, it amounts to another mode
of recruitment of the dependent of a deceased Government
servant which cannot be encouraged, de hors the recruitment
rules.
The appeal is accordingly dismissed.