Vikash Chandra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1941 of 2015 =========================================================== Vikash Chandra Son of Late Bhupendra Nath Sinha Resident of Mahendra Bhawan, Jagdeo Nagar, Gali No. 7, P.S. - Ara, P.O. - Anaith, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Science and Technology, Govt. of Bihar, Patna.

3. The Director, Science and Technology, Govt. of Bihar, Patna.

4. The Project Director, Bihar Council of Science and Technology, Indra Gandhi Planetarium, Bailey Road, Patna.

5. The District Magistrate, Patna.

.... .... Respondent/s =========================================================== For the Petitioner/s : Mr Prashant Sinha, Advocate For the Respondent/s : Mr Ravish Chandra, AC to SC VI =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the petitioner as well as the learned counsel for the State.

2 Petitioner has filed the writ petition for a direction upon respondents to appoint the petitioner on Class III post on compassionate ground. It is the case of the petitioner that his father, while working as Driver in Bihar Council of Science and Technology (for brevity, the Council) died in harness on 27.05.2013. The petitioner's mother made an application for petitioner's appointment on Class III post and pursuant to the said application submitted along with affidavit of the other legal heirs of the deceased-employee in favour of the petitioner. The petitioner has still not been offered any appointment on Class III post to which he was entitled.

Patna High Court CWJC No.1941 of 2015 dt.25-06-2018 2/3 3 The respondents have filed a counter affidavit. Specific stand in the counter affidavit is that there is no provision of appointment on compassionate ground in the Council and, as such, the authorities are helpless in granting compassionate appointment to the petitioner. The respondents have annexed the Service Rules of the Council. By referring to the same, counsel for the respondents submits that there is no provision for compassionate appointment in the Council.

4 Learned counsel for the petitioner, on the other hand, submits that the State Government's scheme for compassionate appointment dated 12.07.1977 provides as follows: "

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5 Clause 3, at best, contemplates that directions will be issued for making the scheme of compassionate appointment applicable in the concerned Departments and other public sector undertakings, autonomous institutions and local bodies. The fact that such decision has ever been issued/or made applicable in respect of the Council is not evident from the records. It is not the petitioner's case that in fact any direction has been issued by the State Government to the Council to implement the State Government's scheme for compassionate appointment. Thus, the petitioner cannot claim any benefit on the basis of the State Government's scheme

Patna High Court CWJC No.1941 of 2015 dt.25-06-2018 3/3 dated 12.07.1977.

6 The other submission of the learned counsel for the petitioner that Clause 2 of the petitioner's late father's appointment order dated 06.03.1990 (Annexure 7) made the State Government scheme applicable also appears to be without any basis. Clause 2 of the appointment order reads as follows:

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7 In Clause 2, the reference to allowance and other facilities are in the context of the sanctioned pay of the petitioner's late father which has been prescribed in the same appointment letter. 8 The specific stand of the respondents that the scheme of the compassionate appointment is not applicable to the respondentCouncil. There is nothing to show that the State Government's scheme of compassionate appointment was ever made applicable to the respondent-Council. The petitioner, therefore, has no enforceable claim to compassionate appointment.

9 The writ petition filed by the petitioner is devoid of any merit and is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR AFR CAV DATE NA Uploading Date 28.06.2018 Transmission Date NA