- (1.) HEARD Smt. C. Prabha, learned counsel for the petitioner and Shri Manoj, learned counsel for the respondent State.
(2.) PETITIONER in this writ application, has prayed for a direction upon the respondents to grant her compassionate appointment on the basis of the services of her husband who died in harness while being employed at the Treasury Office, Giridih. Learned counsel for the petitioner would explain that the petitioner was originally employed under the Bihar State Food Corporation and was directed to work on deputation in the Treasury since 20.9.1996. Subsequently, by resolution dated 19.12.2007 (Annexure -1), all the employees working in the different Treasury on deputation since 01.01.1996, were treated at par with the other employees of the Treasury as Government employees. Learned counsel explains that the petitioner's claim for compassionate appointment is on the ground that the her deceased husband was treated at par with Government employee and was entitled to all such benefits applicable to Government employees and one of such benefits being compassionate appointment to his dependants in the event of his death in harness. The petitioner's husband had died in harness on 20.3.2006, where -after, the petitioner had submitted her representation before the concerned authorities of the respondents praying for grant of compassionate appointment and the same was forwarded by the concerned authorities of the respondents to the State Finance Department vide forwarding letter dated 25.08.2006 (Annexure -4) followed by another forwarding letter dated 05.06.2007 (Annexure -3). Learned counsel adds further refers to Annexure -7, which is a copy of the Circular dated 5.10.1991 issued by the Government, by which detailed procedure for grant of compassionate appointment to the dependants of Class -III and Class -IV employees of the Government, have been laid down. Learned counsel would further refer to Annexure -6 which is a copy of the Circular dated 11.06.1984 issued by the Bureau of Public Enterprises in which the procedure for compassionate appointment for Class -III and Class -IV employees of the Government and Semi Government, have been declared and elaborated. Learned counsel submits that the representation (Annexure -3) of the petitioner which was forwarded to the Finance Department, has not yet been disposed of by the concerned Department of the State Government and the petitioner would therefore, pray that a direction be given to the respondent State Government to consider and pass appropriate orders on the petitioner's claim within a reasonable period.
(3.) THOUGH , no counter -affidavit has been filed on behalf of the respondents, but Shri Manoj Tondon, learned counsel for the respondents, would submit his objection to the petitioner's prayer primarily on the ground that, admittedly, the petitioner's husband was originally employed under the Bihar State Food Corporation and as such, any claim for compassionate appointment could be made only to the original employer and not to the State Government. Learned counsel adds further that even according to Annexures filed by the petitioner, the representation of the petitioner which was forwarded to the Finance Department way back in the year 2006, was rejected by the Finance Department on 10.11.2006. After rejection of the petitioner's prayer by the Finance Department, there could be no further occasion for entertaining any fresh representation of the petitioner and forwarding the same again to the Finance Department. The other ground advanced by the learned counsel for the respondents is that the B.S.F.C. being the principal employer of the deceased husband of the petitioner having not been impleaded as a party respondent, the instant writ application is not maintainable. ;