SUMITRA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition was preferred by the Petitioner against the order dated 30th November, 1998 (Annexure-6), whereby and where under, it was ordered to withhold the salary of Petitioner.

(2.) From the facts pleaded in the writ petition; counter affidavit; and enclosures attached thereto, it appears that the Petitioner applied for compassionate appointment on the death of her mother, though she was not a dependant, being a married daughter. On such application, the Petitioner was appointed on 3rd October, 1994 and on joining continued to receive salary. Subsequently, when it came to the notice of the authorities that the Petitioner was not eligible for compassionate appointment, being married daughter of the deceased employee, is sued the impugned order dated 30th November, 1998.

(3.) It further appears that Respondents subsequently terminated the service of Petitioner on 4th. August, 1999 (vide Annexure-A), which has been challenged by the Petitioner in a separate writ petition.