MANISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners claim for appointment on compassionate grounds has been turned down by the respondent authorities under unfortunate circumstances.

(2.) THE facts are brief and without controversy. The father of the petitioner died on 31.8.1995 while he was in service and was posted as the Principal in a nationalised high school upto + 2 level. Following his death his elder son, namely, Mayank Manohar, elder brother of the petitioner, was appointed as an Assistant teacher on 26.3.1996 under the scheme of compassionate appointments. Unfortunately, Mayank Manohar died on 29.12.1997, within two years of his appointment on compassionate grounds. Thereafter, the present petitioner made an application for appointment on 20.12.1998 which was favourably recommended by the Block Education Extension Officer. His claim was, however, rejected by the District Compassionate Committee and he was informed by letter, dated 24.7.1999 written by the District Superintendant of Education, Gaya.

(3.) THE District Compassionate Committee cannot be said to be totally unjustified in taking a decision against the petitioner. The brother of deceased employee is not covered by the scheme of compassionate appointments and in case the petitioner seeks appointment on compasionate grounds with reference to the death of his father, the authorities would say that under the scheme of compassionate appointment only one appointment is provided in respect of a deceased employee. It could be said that the petitioners elder brother Mayank Manohar having been appointed following the death of their father, there was no scope for any second appointment with reference to the death of their father.