URMILA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the original petitioner Nawal Kishore Prasad Singh has prayed for quashing of the order dated 8.12.1995, contained in Annexure 5, whereby and where under his claim for appointment of his sons on compassionate ground has been denied by the respondent Company.

(2.) IT appears that original petitioner thereafter filed criminal case which led to filing of Cr. Misc. No. 23287 of 1996 in this Court by the Management. The said criminal miscellaneous application was finally allowed, vide order dated 10.3.2000, contained in Annexure I to the counter affidavit, and the order of the Magistrate taking cognizance against the Management was quashed. However, from the said order of this Court, con -tained in Annexure I, it appears that an attempt was made on behalf of the petitioner to direct the management to appoint his son but the Court declined by saying that "no direction can be issued to the petitioners to appoint the son of the complainant".

(3.) LEARNED counsel for the petitioners has submitted that the claim of the petitioners for appointment on compassionate ground has been denied erroneously. The original petitioner had filed application well within time for appointment on compassionate ground in terms of the scheme then was in force, yet the case for appointment on compassionate ground was rejected as the management erroneously raised a dispute regarding the age of the original petitioner, which was resolved vide Annexure 6 issued on 26.3.1996 by the Assistant Secretary of the Bihar School Examination Board.