PRAVIN KUMAR SON OF ARVIND TIWARI Vs. STATE OF BIHAR THROUGH THE SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) The petitioner's father was a fourth grade employee in the Animal Husbandry Department about whom it is stated that while he was going to Ara for getting his salary on 3.11.1997 he was kidnapped. Thereafter he never returned and has not been seen by the members of his family. With respect to the same, Ara-Nawada P.S. case No. 17/98 dated 7.2.1998 was also filed against a named accused person in which the police after investigation found the occurrence as true but without any proof; the allegation against the named accused was found to be false, Thereafter an application for compassion at appointment was filed on 8.2.2005 alongwith the required documents but by the impugned order dated 22.9.2006 of the Director, Animal Husbandry, the claim of the petitioner was rejected.

(3.) The stand of the respondents is based upon a letter dated 1.2.2006 of the Personnel and Administrative Reforms Department under which on account of disappearance of the Government servant compassionate appointment was not to be given to the dependents. The said letter had been the subject matter of consideration in various cases of this Court and also in the case of Smt. Kaushalya Devi v. The State of Bihar and others, 2009 2 PLJR 325. This Court while quashing the similar impugned order directed the respondent authority to consider the case of the petitioner therein within a period of three months.