SUMITRA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRAYER of the petitioner in this writ application filed under Article 226 of the Constitution of India, is to issue a writ in the nature of certiorari for quashing the order dated 4.8.1999 (Annexure -9) whereby the petitioners appointment as orderly peon on compassionate ground has been terminated.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioners mother Anup Devi was a peon in the Women Teachers Training College, Begusaria and while in service, she died on 15.12.1991. Petitioner happens to be her only heir and she filed application for grant of appointment on compassionate ground in which the fact that she is married, was stated. The application of the petitioner was processed and ultimately, by order dated 3rd of October, 1994 she was appointed as peon on compassionate ground and was posted at Women Teachers Training College, Bishunpur. In pursuance of the said order petitioner joined on 24.10.1994.

(3.) ULTIMATELY , the validity of the appointment of the petitioner on compassionate ground was considered and it was found that the petitioner being a married lady on the date when her mother died, she was not eligible for being appointed on compassionate ground, in view of the memo of the Personnel and Administrative Reforms Department dated