MARCHCHIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the counsel for Bihar Renewable Energy Development Agency (BREDA). The prayer of the petitioner in this writ application seeking direction for his (sic - her?) appointment on compassionate ground has been sought to be justified by the learned counsel for the petitioner by referring to paragraphs 7 and 12 of the counter affidavit which reads as follows:-

(2.) Counsel for the petitioner, however, could not satisfy this Court that as on the date of consideration of the case of the petitioner she did possess the requisite qualification for Class - IV post. Once this aspect becomes admitted that the petitioner was not eligible in view of lack of educational qualification, there would be no question of being appointed on compassionate ground, inasmuch as the Government policy adopted by the BREDA clearly lays down that the person concerned seeking appointment on compassionate ground must possess the requisite qualification for the post.

(3.) Counsel's reference to a circular dated 18.12.2008 seems to be absolutely without substance, inasmuch as this circular cannot be made applicable in the case of the petitioner, inasmuch as the husband of the petitioner had died on 18.11.2002 and an application by the petitioner for appointment on compassionate ground was filed on 12.12.2003 and the Committee of the BREDA had considered her case on 27.8.2005. The circular of the State Government dated 18.12.2008 being only prospective in nature cannot be made applicable in the case of appointment of the petitioner.