Courts Cannot Direct Enquiry Of Financial Dependency Of Person Who Seeks Compassionate Appointment When Other Family Member Is Govt Employee: Chhattisgarh HC
The Chhattisgarh High Court has held that if policy prohibits the consideration of other dependant of the deceased Government servant for appointment on compassionate grounds, the Court would not direct for holding enquiry qua dependency as it would mean rewording of the terms of the applicable scheme.
A full bench of the Court comprising Chief Justice Ramesh Sinha, Justice Sanjay K. Agrawal and Justice Parth Prateem Sahu, while answering a reference by the Division Bench, observed, “When one of the family members of the deceased Government servant is already in Government service and the applicable policy bars and prohibits the consideration of other dependent of the deceased Government servant for appointment on compassionate ground, then this Court under Article 226 of the Constitution of India would not direct for holding enquiry qua dependency/financial support by one of the family members of the deceased Government servant who is already in Government service to the other family member of the deceased Government servant when a claim is made by other member of the family for compassionate appointment, as it would amount to rephrasing / rewording of the terms of the applicable scheme / policy for compassionate appointment, as such, such enquiry is totally barred”.
Advocate General S.C. Verma with Deputy Advocate General H.S. Ahluwalia appeared for the appellants-State and Senior Advocate Ashish Shrivastava appeared for the respondents.
The issue dealt with by the Court was:
“When any dependent family member of deceased employee is already in Government service, in that circumstance whether any other member of the family would be deprived for employment on compassionate ground, without consideration of dependancy of family on such Government employee?”
In this case, one Umesh Thakur filed an application claiming compassionate appointment on account of the death of his father, who was a working as Peon (Class-IV employee) in NRM Government Girls College, Dhamtari.
However, the same was rejected by the competent authority holding that he is not eligible for compassionate appointment as per the policy of the State Government, as his sister Bharti Thakur is already working as an Assistant Engineer.
On challenge, a Single Judge bench on August 5, 2021, allowed and directed the competent authority to reconsider the claim of the writ petitioner afresh after conducting an enquiry for ascertaining the dependency and also in respect of any support which he is getting from his elder sister, which the State Government challenged on April 13, 2022, by filing writ appeal before the Court, which was referred to larger Bench.
After considering the established principles and the contentions made by the parties, the Bench referred to Central Bank of India v. Nitin 2022 SCC OnLine SC 1873, where the Supreme Court has categorically held that consideration for compassionate appointment must be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased employee.
The bench further placed the matter before the appropriate Division Bench for deciding the writ appeal in accordance with the law.
Cause Title: State of Chhattisgarh v. Umesh Thakur
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