SUSHIL KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This civil appeal is directed against the order passed by the Division bench whereby the Division Bench has affirmed the order of the learned single Judge whereby learned Single Judge has upheld the termination of service of appellant.

(2.) The appellant was appointed on 12.2.1993 on account of the fact that his father died during election operation and he approached the Chief Minister and it was ordered by the said Chief Minister that since his father was died while discharging his duty during election, therefore, the incumbent may be considered for appointment. Accordingly, appellant was appointed on mercy petition as Constable in Police Department and the appointment continued up to 2001. Thereafter, a notice was issued to the appellant that there was no Rule for compassionate appointment at the relevant time. Therefore, his services were terminated by the order dated 24.1.2003 on the ground that as per the Rule 661 of Bihar Police Manual a Selection committee is required to be constituted for selection of candidate for the post of Constable and that his selection was not done in accordance with the Manual, therefore, his services were terminated.

(3.) Aggrieved by this order, the appellant approached the High Court and was unsuccessful. His writ petition was dismissed on 16.8.2005 by the learned single Judge. Therefore, he preferred a Letters Patent Appeal before the Division Bench which was dismissed by the order dated 24/1/07. Hence he approached this court by present appeal.