Md. Hasibuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5228 of 2014 ===========================================================

1. Md. Hasibuddin S/O Late Md. Khashbuddin, Resident Of Village- Kaler, P.S. Kaler, District- Arwal .... .... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary Government of Bihar Patna

2. Principal Secretary, General Administration Department, Patna

3. The Central Compassionate Committee Through the Under Secretary, Department Of General Administration, Bihar, Patna

4. The Director General of Police, Government of Bihar, Patna

5. Joint Secretary, Home Police Department, Bihar, Patna

6. Under Secretary Police Department, Bihar, Patna

7. Assistant Inspector General of Police (Welfare), Bihar, Patna

8. Superintendent of Police Special Branch, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rikesh Sinha For the Respondent/s : Mr. Rajesh Singh, GP 16 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-02-2016 Compassionate appointment is not a fundamental right. In fact, it violates Articles 14 and 16 of the Constitution of India. If a family member is already employed and he claims that he is not taking care of the rest of the family, that cannot by itself become a ground for extending compassionate appointment. If One of the family member has no compassion for rest of the family members then the Court is of the opinion that such a mechanism cannot be devised for begetting employment to unemployable children of a government servant, which is basically a backdoor appointment. Writ is dismissed.

(Ajay Kumar Tripathi, J) sk U