BAGISH CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the counsel for the State.

(2.) The prayer of the petitioner in this writ application is to quash the resolution passed by the District Compassionate Appointment Committee in the meeting held on 27/12/2005 rejecting the case of the petitioner for his appointment on compassionate ground on the plea that as per Government policy dtd. 5/10/1991 he would not qualify for such appointment, inasmuch as the father of the petitioner was a retired Government servant and therefore, the death of mother of the petitioner, also the Government servant, would not by itself make him eligible in view of bar imposed in the policy.

(3.) Counsel for the petitioner would submit that the father of the petitioner was definitely in Government service but he had retired on 31/10/1996 and therefore, when the mother of the petitioner while continuing in service had died on 30/9/2003, it cannot be said that the petitioner's claim for compassionate appointment would not be maintainable, inasmuch as the Government circular does not prohibit appointment on compassionate ground of such a dependent whose either parent were not continued in Government service on the date when such a cause of action for compassionate appointment had arisen. In this context he would also refer to a Division Bench judgment of this Court in the case of Jyoti Kumari vs. The State of Bihar and ors., reported in 2005(4) PLJR 507.