LAXMI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises out of an order dated 3 -7 -2001, passed by a learned Single Judge of this Court, by which the writ petition (C.W.J.C. No. 7024 of 2001) filed by him challenging the order dated 27 -10 -1999 rejecting his claim for appointment on compassionate ground, has been dismissed.

(2.) THE facts of this case lie in a narrow compass. The father of the appellant, namely, Hajari Choudhary, was a Government employee and he died in harness on 5 -1 -1997. The appellant applied for his compassionate appointment and his claim was rejected on the ground that he did not possess the minimum requisite qualification i.e. Vlllth Pass as provided by Circular No. 3577 dated 25 -4 -1997 laying down minimum qualification for appointment on a Class IV post in the Government service.

(3.) LEARNED Counsel for the appellant relied upon two judgments of a learned Single Judge of this Court, namely (i) in the case of Bivash Kumar V/s. State of Bihar 2000(1) PLJR 787 and (ii) in the case of Smt. Vigyanti Devi V/s. State of Bihar 2001(3) PLJR 138, and submitted that the said circular has been declared ultra vires by this Court and in that view of the matter the rejection of the claim of the appellant for his appointment on compassionate ground on (he basis of the said circular is not sustainable in law.