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PETITIONER: JAGDISH PRASAD

       Vs.

RESPONDENT: THE STATE OF BIHAR & ANR.

DATE OF JUDGMENT13/11/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1996 SCC  (1) 301        JT 1995 (9)   131  1995 SCALE  (6)545

ACT:

HEADNOTE:

JUDGMENT: O R D E R      Leave granted.      The High  Court had dismissed the writ petition seeking appointment of  the appellant  on compassionate grounds. The admitted fact is that he was four years old at the time when his father  died in  harness in  the year 1971. He filed the writ  petition  after  attaining  majority  in  1994  for  a direction to  appoint him on compassionate grounds which was negatived.      It is  contended for the appellant that when his father died in  harness, the appellant was minor; the compassionate circumstances continue  to subsist  even till date and that, therefore, the  court is  required to  examine  whether  the appointment should  be made on compassionate grounds. We are afraid, we  cannot accede to the contention. The very object of appointment  of a dependent of the deceased employees who die in  harness is  to relieve unexpected immediate hardship and distress  caused to  the family  by sudden demise of the earning member  of the  family. Since the death occurred way back in  1971, in  which year  the appellant  was four years old, it  cannot be  said that he is entitled to be appointed after he  attained majority long thereafter. In other words, if that  contention is  accepted, it amounts to another mode of recruitment  of the  dependent of  a deceased  Government servant which  cannot be encouraged, de hors the recruitment rules.      The appeal is accordingly dismissed.