Case Note & Summary
The case involved an appeal filed by the widow and son of Suresh Tiwary, a Havildar in the Bihar police department, who had been missing since 1988 after his transfer from Munger to Siwan District. In 1998, the widow applied for tracing her husband or for her son to be appointed on compassionate grounds. The department declared Suresh Tiwary dead in 2002, but the application for compassionate appointment was rejected by the State on the grounds that there was no provision for dependants of missing persons. The appellants challenged this rejection in a writ petition, which was dismissed by a single judge, and subsequently, their appeal was also dismissed by a Division Bench of the High Court of Patna. The Supreme Court noted that while the State admitted the existence of a compassionate appointment scheme, it rejected the application based on the missing status of Suresh Tiwary. The court highlighted that he was declared dead only in 2002 and directed the State to reconsider the second appellant's claim for compassionate appointment in light of the scheme, if found eligible. The appeal was disposed of with parties bearing their respective costs.
Headnote
A) Service Law - Compassionate Appointment - Eligibility of Dependants of Missing Persons - Not applicable under existing provisions - The court directed the State to consider the claim of the second appellant for compassionate appointment despite the absence of explicit provisions for missing persons, given that the missing person was declared dead only in 2002. The court emphasized the need to evaluate the claim under the compassionate appointment scheme (Paras 1-5).
Issue of Consideration
Whether the dependants of a missing government servant are entitled to compassionate appointment after the person is declared dead.
Final Decision
The Supreme Court directed the State to reconsider the claim of the second appellant for compassionate appointment in accordance with the existing scheme, if found eligible, and disposed of the appeal with parties bearing their respective costs.
Law Points
- Compassionate appointment
- Missing persons
- Government servant
- Appointment scheme
