Patna High Court: Ashutosh Kumar, J. directed the petitioner to make a representation before the municipal corporation to be considered for appointment on compassionate ground.
The petitioner was the daughter of a man who was working as Pump Khalasi with the Municipal Corporation of Munger. Her father, the employee, died on 09-10-2014. The wife of the deceased employee made an application for being considered for the compassionate appointment but no order was passed in this regard as the corporation kept on seeking directions and guidelines for providing appointment on compassionate ground. In the meantime, the petitioner, who was married to a poor person, became a widow and during the lifetime of the deceased employee, she became dependent on him. The brother of the petitioner, who was in government service, was also not affording any help to the family of the deceased employee. Sometime later, her mother also passed away.
The petitioner was absolutely dependent on her father, and therefore sought compassionate appointment in place of her deceased father.
The Court was of the opinion that since there was no other claimant for being considered for appointment on compassionate ground, it directed the petitioner to make a representation before the Municipal Commissioner, for them to consider her for being appointed on compassionate ground on any Class-IV post, subject to the scheme of such compassionate appointment which may be prevalent in the corporation. The Court directed the Municipal Commissioner of Munger to look into the case of the petitioner in the right perspective and the law which has developed with regard to grant of compassionate appointment in order to provide succour to the family of the deceased employee.[Moti Devi v. State of Bihar, 2019 SCC OnLine Pat 1372, decided on 07-08-2019]
