TaxTMI 
TaxTMI 
2009 (4) TMI 1010
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....f the incidents of terrorist/virulent/communal confrontations/violence relating to the Election/Joint murders by way of ex-gratia payment. The said decision was taken keeping in view a judgment of the High Court of Patna relating to grant of ex-gratia payment to the dependents of the persons/injured in the terrorist incidents which had taken place at Arbal Police Station in the District of Gaya and further in view of the fact that similar incidents had taken place within Madanpur Police Station Baghoura and Dalelchuk villages of District Aurangabad in terms whereof in case of death, a sum of Rs. 20,000/- was to be paid to the dependents of each deceased and in case of permanent disability a sum of Rs. 5,000/-, and in case of serious injury Rs. 500/- to Rs. 1000/- was to be paid. 4. No ex-gratia payment was to be made in favour of the persons who were terrorist/virulent or listed criminal. Monetory compensation was also proposed in the case of destruction or damage to the properties subject to the conditions mentioned in the said circulars. Various other types of grants like the one for the help of the students of the families and free medical treatment to the injured persons were....
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....r: "The amount as required for the payment in the aforesaid heads would be made available by the State Government from time to time. The allocation of the funds would be done under the Budget Head 2235 as previously. For making available the relief with regard to the terrorist/virulent/communal confrontation/violence relating to the elections/massacre and violence incident of any other kind Nodal Department of Home (Special) would be available, from where all the guiding principles on the policy matter would be issued and the proceedings for providing relief work and government service would be monitored." 6. Respondent herein being son of late Duli Sahu filed a representation for his appointment on compassionate ground on or about 5.11.2000. The same was rejected by the Deputy Commissioner, Gumla by an order dated 25.1.2003 opining that there was no provision for employment on compassionate ground for a son of the deceased in the light of prevailing directives of the Government at that time. However, on or about 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 rel....
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....inition of "dependent" and other things of general compassionate appointment are to be followed; the period of limitation will be the same i.e. five years from the date of death and their cases are also to be considered through the Compassionate Appointment Committeee." 8. Mr. B.B. Singh, learned counsel appearing on behalf of the appellants would submit: i. The High Court committed a serious error of law insofar as it failed to take into consideration that the circular letters issued by State of Jharkhand could not have been given a retrospective application in the matter of grant of appointment on compassionate ground. ii. The scheme for appointment on compassionate ground having been made only for the government servants, the same could not have been applied in cases of dependents of the deceased who were not government servants. 9. The scheme for grant of monetory compensation to the dependents of the deceased or injured who are affected in any kind of terrorist/virulent/communal attack must be considered in terms of the stipulations made in the circular letters containing policy decisions. Appointment on compassionate ground, it is trite, must be made keeping in view the p....
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....282 para 19]; and Man Singh v. Commissioner, Garhwal Mandal, Pauri & Ors. [2009 (4) SCC 645]. 12. Moreover, a benevolent circular, it is well known, cannot be extended to a case which was not contemplated by the circular itself. In Regional Director, Employees' State Insurance Corporation, Trichur vs. Ramanuja Match Industries [AIR 1985 SC 278], this Court held: "...We do not doubt that beneficial legislations should have liberal construction with a view to implementing the legislative intent but where such beneficial legislation has a scheme of its own there is no warrant for the Court to travel beyond the scheme and extend the scope of the statute on the pretext of extending the statutory benefit to those who are not covered by the scheme." In Deepal Girishbhai Soni & ors. vs. United India Insurance Co. Ltd., Baroda [(2004) 5 SCC 385], it was opined : "53. Although the Act is a beneficial one and, thus, deserves liberal construction with a view to implementing the legislative intent but it is trite that where such beneficial legislation has a scheme of its own and there is no vagueness or doubt therein, the court would not travel beyond the same and extend the scope of ....