MUNNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order of Director Secondary Education dated 20.6.2000 by which her services have been terminated. Copy of the order has been enclosed as Annexure 12. From the records it appears that the petitioner was appointed on the post of Peon on compassionate ground on the death of her husband, an Assistant Teacher. The husband died on 30.10.90. The District Compassionate Appointment Committee considered the cases of different persons including the petitioner in its meeting held on 9.4.92. On 30.4.92 vide Memo no. 200 the decision of the Committee was circulated. In the light of the said decision on 10.12.92 the petitioner was appointed by the District Education Officer on the post of Peon. It is said that the appointment was approved by the Regional Deputy Director of Education on 28.12.92. There is no dispute about these facts.

(2.) Every thing went well until the services of one Satyendra Narayan Singh and Surendra Singh were terminated. In the writ petition, CWJC Nos. 338/99 and 403/99, while assailing the orders by which their services had been terminated, they seem to have taken a plea that services of several others were not terminated. This Court by order dated 8.3.99 directed the authorities to give show cause notice to all such persons numbering 56 and pass appropriate order. The petitioner was served a show cause notice in the light of the said order. By the impugned order dated 20.6.2000 her services were eventually terminated.

(3.) From the records it appears that the appointments which had come under cloud and in respect of which this Court had issued direction in CWJC Nos. 338/ 99 and 403/99 were general appointments. The case of persons appointed on compassionate ground stands on different footing. While general appointments may be said to be vitiated on the ground of violation of Articles 14 and 16 where such appointment has been made without advertising the post and making selection of any kind, where dependent of a deceased government servant dying in harness is appointed on compassionate ground, his or her appointment cannot be questioned on similar ground. As the petitioner was admittedly appointed on compassionate ground she thus could not be treated at par with others in respect of whom show cause notices were issued pursuant to the order of this Court.