KIRAN KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner and learned counsel for the State.

(2.) There is an old saying that calamity does not strike alone and this could be one of those cases where the family is through bad times. Petitioner is the divorced daughter of late Chandeshwar Singh. He was a Class-iy employee working in the collectorate at Sitamarhi and at the time of his death he was posted at Circle Office at Runni Saidpur in the district of Sitamarhi. His death happened on 29,12.1997. The employee left behind a widow and a married daughter. There were no claimant, therefore, for appointment on compassionate ground after the death of the employee as the mother was not in a position to claim such a benefit. Since petitioner happened to be a married daughter, therefore, was not entitled to this benefit because as per policy decision of the State, a married daughter had no standing in matters of claiming appointment under the State on compassionate ground.

(3.) State Government, however, in a progressive approach to such situations issued notification no. 1699 dated 5.5.2010 wherein divorced or abandoned daughters, who were dependent on the employee in question, could also claim the benefit of appointment under the compassionate head. When this policy was notified by the General Administration Department, petitioner approached the respondents for her appointment under the State. Request of the petitioner came to be rejected by virtue of order dated 4.4.2011 contained in Annexure-4. This order of rejection, therefore, has become the cause of action for the petitioner to move this Court.