TMI Blog2007 (2) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... on 16.04.2001, the respondent made an application for his appointment on compassionate ground on a regular basis. Affidavits were allegedly filed by the said Vidhya Devi in support thereof; pursuant whereto and in furtherance whereof, the respondent was given an appointment in the post of a Chowkidar, i.e., in Class IV grade on temporary basis. On 14.12.2001, the said Vidhya Devi sought for appointment of her son Ashutosh Kumar while claiming so she also requested for cancellation of the respondent's appointment. As her request was not acceded to, she filed a writ petition in the High Court of Jharkhand which by reason of a judgment and order dated 10.01.2002 was dismissed holding: 4. From the entire facts stated in the counter affidavit which is supported by documents, it is prima facie, clear that the petitioner has made false statements in paras 8 and 9 of the writ application. This is very serious matter. If the contention of the respondents made in the counter affidavit is conclusively proved, then the petitioner shall be liable to be prosecuted and punished in accordance with law. 5. So far the claim of the petitioner for appointment of her son, Asutosh Kumar on co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 7.03.2003, the High Court directed: In the circumstances, I allow the opposite parties, further six weeks time. The competent authority may issue show cause notice to the illegal appointees and ask them to submit reply why their service being terminated because of illegal appointment on compassionate grounds. Three weeks time may be given to such employees. On receipt of such reply, they will go through it and find out whether any one of other has been appointed illegally, against the scheme, after such delay or not. One week's time is allowed for such scrutiny. Thereafter, the O.Ps will obtain necessary order from the Board of Governors within one week and issue appropriate order, in accordance with law. In case, the court's order is not complied within the said period of six weeks, petitioner may bring the same to the notice of the court for initiation of proceeding against the Director, NIT, Jamshedpur and the members of the Board of Governors. A notice to show cause thereafter was issued by the appellant, in terms whereof the respondent was asked to show cause as to why his appointment shall not be cancelled. Pursuant thereto cause was shown. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed: Mr. P.K. Prasad, learned counsel appearing for the respondents, on instruction, submitted that Dr. D. Bhattacharya is presently working in I.I.T. Kharagpur. Hence the petitioner is directed to add Dr. Bhattacharya as party respondent. Considering the averments made in the I.A. petition this case is adjourned to 29.06.2006 to enable the present Director to file show cause and to reconsider the order of termination of the services of the petitioner and take a decision in the matter. The petitioner shall take steps for service of notice on the present Director both by registered post and courier for which steps must be taken within a week. The question which arises for consideration is as to whether in a situation of this nature, the High Court was justified in initiating proceedings under the Contempt of Courts Act and that too suo motu. Admittedly, the appellant is a State within the meaning of Article 12 of the Constitution of India. It, therefore, in the matter of appointment, is under a constitutional obligation to give effect to the constitutional scheme of equality as enshrined under Articles 14 and 16 of the Constitution of India. Appointment on compassion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 16(2) of the Constitution. But, however, it is made clear that if the appointments are confined to the son/ daughter or widow of the deceased government employee who died in harness and who needs immediate appointment on grounds of immediate need of assistance in the event of there being no other earning member in the family to supplement the loss of income from the bread-winner to relieve the economic distress of the members of the family, it is unexceptionable. But in other cases it cannot be a rule to take advantage of the Memorandum to appoint the persons to these posts on the ground of compassion. In Yogender Pal Singh v. Union of India [AIR 1987 SC 1015], this Court held : While it may be permissible to appoint a person who is the son of a police officer who dies in service or who is incapacitated while rendering service in the Police Department, a provision which confers a preferential right to appointment on the children or wards or other relatives of the police officers either in service or retired merely because they happen to be the children or wards or other relatives of such police officers would be contrary to Article 16 of the Constitution. In Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compassionate appointment on medical invalidation, as noticed hereinbefore, had been made wider and wider. The State has for one reason or the other compromised with the basic principles underlying grant of public employment and has deviated from the constitutional norms; sometimes it widened the scope and ambit of grant of appointment on compassionate ground to such an extent that it had to backtrack its steps. The State's policy decision in this regard had never been on firm root. They took different steps at different times depending on the whims and caprice of the concerned officer or acted on pressure of the Employees' Unions. The law interpreting Articles 14 and 16 of the Constitution of India in this regard has also undergone ups and downs. he Appellant Institute has made a scheme. The said scheme must be read in conformity of the aforementioned decision of this Court. The appointment on compassionate ground, thus, could have been offered only to a person who was the widow of the deceased or a dependent child. Admittedly, the son of the deceased Ashutosh Kumar was only one year old at the time of his father's death. He could not, thus, have been given ..... X X X X Extracts X X X X X X X X Extracts X X X X
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