LETTERS PATENT APPEAL 225 of 2014 on 9 August 2000

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The District Magistrate, Jehanabad.

3. The Addl. Collector, (Naxal), Jehanabad.

4. The In-charge Officer, District Public Complain Shell, Jehanabad.

... ... Respondent/s

Appearance :For the Appellant/s: Mr. Ram Chandra Prasad Bharti, AdvocateFor the Respondent/s: Mr. Anjani Kumar, AAG-4

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CORAM: HONOURABLE THE CHIEF JUSTICE

and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAYORAL JUDGMENT(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 15-01-2018

Having heard learned counsel for the parties, we haveconsidered the issue in question with regard to grant ofcompassionate appointment to the appellant on account of hisfather was killed by the terrorists /extremists and benefits accruingto him in view of a Circular dated 09.08.2000 issued by theGovernment. Primarily on account of the fact that the Circular is not now applicable, the claim of the appellant has not beenconsidered.

However, on a perusal of the judgment rendered by this Courtin CWJC No.5808 of 1997 (Dharam Shila Kuer versus State ofBihar & Others) reported in 2002(3) PLJR 497, we find that thesaid Circular has been considered by this Court and it has beenheld in para 53 that except for sub-paras (d) and (e) of para 1 ofPart I of the said Circular which violates Article 14 of theConstitution, the other provisions are operational and it is only subparas (d) and (e) of Para 1 of Part I of the Circular, which has beenheld void and inoperative. That being so, the Circular in questionstill holds the field so far as it pertains to grant of benefits even ifsub-para (d) and (e) of para 1 of Part I of the Circular are set aside.The respondents are, therefore, now required to evaluate the claimof the appellant for grant of compassionate appointment inaccordance to the aforesaid Circular and take a decision and whiledoing so, in case, it is found that the appellant’s claim falls in sub-paras (d) and (e) of para 1 of Part I of the Circular, then they mayreject his claim, otherwise they are required to consider the effectof the Circular, its applicability on the appellant and pass aspeaking order deciding his claim for compassionate appointment.Respondents are directed to take action and decide the claim as indicated hereinabove within a period of six weeks from the dateof receipt of a certified copy of the order.

With the aforesaid, the appeal stands allowed, the orderpassed by the learned Writ Court set aside and the matterremanded back for consideration by the competent authority.

(Rajendra Menon, CJ)

Sunil/-

AFR/NAFRNAFRCAV DATENAUploading Date17.01.2018Transmission Date ( Anil Kumar Upadhyay, J)