Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant and Mr. Saroj Kumar Sharma, learned AC to A.A.G.-3.
The issue which has fallen for consideration in this appeal is whether the employer, while deciding the case of the appellant for granting
compassionate appointment, has given due consideration to the fact that one of the siblings has sufficient income by way of employment to maintain
the appellant.
It has been submitted on behalf of the appellant that his prayer in the writ petition was rejected on the ground that a Full Bench judgement of this
Court in Niraj Kumar Mallick Versus The State of Bihar & Ors. reported in 2018 (2) PLJR 951 has clarified that gainful employment of one of the
siblings of the applicant seeking compassionate appointment is to be taken into account in an objective manner so that the employer gets to know
whether the employed sibling generates sufficient income out of the employment to maintain the family of the applicant for compassionate
appointment.
A look at the decision of the committee regarding the claim of the appellant for being appointed does not reflect any such consideration. The decision
dated 19.08.2010 of the Compassionate Appointment Committee of which the District Magistrate, Muzaffarpur was the Chairman, does not reflect
any such consideration and the claim of the appellant has been rejected only on the ground that one of his brothers is employed with the government.
It is the case of the appellant that his brother, who is in employment, is a Panchayat Teacher who gets a monthly emolument of Rs. 4,000/-. This
amount even though is very meagre for meeting the requirements of the family, but no such consideration at all has been given by the authority
concerned on this aspect while rejecting the claim of the appellant.
This aspect of the matter has also not been dealt with by the learned Single Judge and the writ petition has been dismissed only on the ground that no
averments have been made by the appellant / writ petitioner that the income generated by his brother was insufficient to maintain him as well.
Shri Thakur, learned counsel for the appellant submits that an assessment regarding claim of the applicant seeking compassionate appointment per
force requires the authorities to look into the aforesaid aspect. If the appointment of a sibling in government service is being taken as an impediment
for the original writ petitioner to be considered for compassionate appointment, the Compassionate Appointment Committee ought to look at this
aforenoted aspect of the matter.
For the aforesaid reasons, we set aside the order passed by the learned Single Judge dated 03.07.2018 and direct the Compassionate Appointment
Committee, Muzaffarpur to look into the case of the appellant afresh and pass an order in accordance with law and what has been stated above,
within a period of eight weeks from the date of production/communication of a copy of this order.
The appeal stands allowed to the extent indicated above.
