Patna High Court: A Single Judge Bench comprising of Shivaji Pandey, J. dismissed a petition as the denial of compassionate appointment was justified on the part of the respondents.
The petitioners challenged an order wherein their services were terminated on the ground that their family members were already in service when they were appointed on compassionate ground. It was contended by their counsel Md. Shahnawaz Ali that one of the family members shall be given the benefit of compassionate appointment when the only bread earner of the family dies.
The Court placed reliance on the fact that when the family members of the petitioners were working in the Corporation, the question of their appointment on compassionate appointment does not arise and thus termination of the petitioners was not erred on the part of the respondents.
Accordingly, the petition was dismissed but if an advertisement was published in future, the respondents shall be at liberty to consider the case of the petitioners on sympathetic grounds. [Pradeep Kumar Ram v. State of Bihar, 2018 SCC OnLine Pat 2268, decided on 21-12-2018]