BIMLA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the counsel agreed that the matter can be disposed of at the stage of order. The present appeal has been filed against the order dated 25.2.2008 passed in C.W.J.C. No. 3357 of 2005.

(2.) The case of the appellant was that her husband Binoy Kumar Tiwary died in-harness. He was an employee of District Rural Development Agency (D.R.D.A.) at Buxar. Accordingly, she applied for appointment on compassionate ground under the D.R.D.A. but her application was rejected by the District Compassionate Appointment Committee on the ground that no such appointments have been made in the District of Buxar of the D.R.D.A. employee. Aggrieved by the same she filed a writ petition which was rejected by the learned Single Judge on the ground that rules of compassionate appointment of the State Government are (sic-not?) applicable to D.R.D.A. employees.

(3.) The learned counsel appearing on behalf the appellant has contended that the D.R.D.A. is a Agency of State Government which falls under Article 14 (sic-Article 12?) of the Constitution of India, and therefore, writ can be issued to such agency to follow the scheme of compassionate appointment of the State Government. It has also been contended that even though her husband died in-harness the claim for compassionate appointment was not considered, but the rules adopted by the State Govt. would be made applicable to the D.R.D.A. and therefore, there cannot be any discrimination on the ground that no compassionate appointment has been made under the D.R.D.A., Buxar as also in other districts, as such it is in violation of Article 14 of the Constitution of India.