SATISH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) BY this writ application, the petitioner has prayed for quashing notification dated 29 -11 -1998 as contained in Memo No. 1348 (Annexure -1) so far it relates to the petitioner whereby and whereunder prayer of this petitioner for appointment on compassionate ground on account of the death of his father in harness, has been rejected.

(3.) IT appears that such circulars were tested by this Court in the case of Kamal Ranjan V/s. State of Bihar and Ors. 1994 Vol II PLJR 536, and this Court set aside the notification aforesaid and held that adopted son is as good as a Sayeeda Khatoon Versus Bibi Sayeeda Tahira Nahid son under Sec. 11 of Hindu Adoption and Maintenance Act, 1955. This matter, however, again arose for consideration before a Bench of this Court and this Court in the case of Madhusudan Mishra V/s. State of Bihar 1996 Vol. I PLJR 482, reiterated the same view as taken in the case of Kamal Ranjan (supra) and issued direction to the State authorities to consider the case of the petitioner for appointment forthwith. Again this Court in the case of State of Bihar and Ors. V/s. Laltash Kumar 2001 (Vol. III) PLJR 316 held that an adopted son cannot be precluded from getting appointment on compassionate ground.