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Judgment
M.Y. Eqbal, J.—The husband of the petitioner namely Rodha Oraon died in harness on 14.7.2003 when he was posted under Area Electricity Board, Ranchi as skilled labour. After his death, his son Soma Binha was given appointment on compassionate ground. After doing duty for few years Soma Binha died while he was in service. After the death of Soma Binha, the petitioner seeks compassionate appointment of her second son.
In my view compassionate appointment is not propriety right which is liable to be inherited so long as the family does not become extinct. Compassionate appointment is an exception to the Constitutional Guarantee given to the citizen under Article 16 of the Constitution of India. In my view, therefore, this exceptional benefit can not be extended and can not be made hereditary. The relief as sought for is wholly misconceived and liable to be rejected.
So far the payment of admitted legal dues for death-cum-retiral benefit is concerned, the petitioner is entitled to receive the same from the respondent as expeditiously as possible preferably within two months from the date of receipt of a copy of this order.
The respondents will also consider the case of the petitioner for compensation considering the nature of the death of the deceased. Such compensation claim shall also be considered and decided within the same period.