Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Law: Polley decision for appointment on compassionate ground - Circular letter providing for appointment on compassionate ground in case of death of a government servant - Held: The benefit cannot be extended to the dependents of deceased who was not government servant - Circular dated 21.9.1987 and 9.8.2000 issued by Government of Bihar, Circular dated 7.5.2003 issued by Government of Jharkhand. Subordinate legislation - Construction of - Held: Ordinarily should not be construed to be retrospective in operation - Rule of incorporation by reference should not be applied unless a clear case is made out. Service law:Appointment - Compassionate appointment - Held: Must be made keeping in view the provisions contained in Articles 14 and 16 of the Constitution of India - Such schemes cannot be given an expansive meaning as the constitutional scheme envisages that all persons who are entitled to be considered for appointment would be eligible for being considered therefor - Constitution of India, 1950 - Articles 14 and 16. The State of Bihar issued a circular dated 9.8.2000 introducing a scheme for grant of compassionate appointment to the dependants of those killed in terrorist attacks. Father of the respondent was not a government servant. He was allegedly killed by extremists on 19.5.2000. Respondent filed a representation for his appointment on compassionate ground on 5.11.2000 which was rejected. However, on 7.5.2003, the Government of Jharkhand, which came into being in terms of the provisions of the Bihar Reorganisation Act, 2000 took a policy decision that the matter relating to the appointment of the dependent of the deceased in the terrorist violence should be given effect to in respect of those persons killed in violence after the date of formation of the State of Jharkhand, i.e., dated 15.10.2000. The respondent filed representation which was rejected on the ground that murder took place on 19.5.2000, i.e., before 9.8.2000, therefore, case did not fall within ambit of the circular of Government of Bihar. Respondent filed writ petition. High Court held that although the respondent was paid a sum of Rs. 20,000/- as compensation, but having regard to the circulars issued by the State of Jharkhand in the matter of appointment on compassionate ground in general cases within a period of five years from the date of death, the same would also cover the instant case. Hence the appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 522 |
Petitioner | State Of Jharkhand & Ors. |
Respondent | Shiv Karampal Sahu |
SCR | [2009] 6 S.C.R. 63 |
Judgement Date | 2009-04-15 |
Case Number | 2539 |
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