The court rules in favor of Manoj Kumar, ensuring appointment on compassionate grounds, rejecting the State of Bihar's challenge.
In a significant decision, the Patna High Court has upheld the compassionate appointment of Manoj Kumar, following the death of his father who served as an Assistant Teacher. This ruling came in the face of an appeal by the State of Bihar, challenging the previous order that directed Kumar's appointment on Class III or Class IV posts, rather than the Panchayat Teacher position. The judgment, delivered by Justices Sudhir Singh and Shailendra Singh, reinforces the principle that compassionate appointments aim to alleviate financial distress caused by the untimely death of a breadwinner.
The case stems from the death of Kumar's father in October 2015, after which Kumar applied for a job on compassionate grounds. His application, submitted in December 2015, languished without decision, prompting Kumar to approach the court. In 2017, a Single Judge directed the State to consider his appointment against available posts, a decision now affirmed by the Division Bench.
The State's appeal was primarily based on Rule 10 of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, which it claimed restricted appointments to Panchayat Teacher posts. However, the court found no prohibition against appointing Kumar to Class III or IV posts, emphasizing that these rules do not preclude other appointments where no express prohibition exists.
Importantly, the court highlighted an "estoppel by conduct," noting that the State had already complied with the Single Judge's order by appointing Kumar without reserving the right to appeal, thereby waiving its challenge rights. This principle aligns with precedent, including the Supreme Court's ruling in Tata Iron & Steel Co. Ltd. v. Union of India, which outlines estoppel in cases of unconditional compliance.
Furthermore, the court dismissed the State's reliance on a 2020 resolution declaring certain posts as dying cadres, stressing that it cannot retroactively affect Kumar's claim initiated in 2015. The judgment underscores the compassionate appointment scheme's purpose as a social security measure, essential for families facing sudden financial crises due to the loss of a breadwinner.
This decision marks a reaffirmation of humanitarian considerations in employment, ensuring that families of deceased employees receive necessary support to overcome financial hardships. The ruling thus concludes the long-standing legal battle, with the Patna High Court dismissing the State's appeal and upholding Kumar's rightful appointment on compassionate grounds.
Bottom line:-
Compassionate appointment - The object of compassionate appointment is to provide immediate financial assistance to the bereaved family to tide over the sudden financial crisis due to the death of the breadwinner. Compliance with the compassionate appointment scheme is mandatory for the employer, provided all conditions are met.
Statutory provision(s): Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, Rule 10
State of Bihar v. Manoj Kumar, (Patna)(DB) : Law Finder Doc id # 2893920
