JAHANGIR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE father of the petitioner died in harness in 3.5.1994 while holding the post of Painter, Grade -IV in Mechanical Division, Gandak Project, West Champaran at Bettiah.The petitioner duly applied for compassionate appointment on 27.6.1994. The date of birth of the petitioner being 1.1.1957 he was over age by two years five months twenty six days for being considered for appointment in the service of the State Government.

(3.) IN pursuance thereof the impugned order came to be passed at Annexure -6. The reason given for rejection of the claim of the petitioner was that the earlier circular dated 1.11.1993 by which the decision taken not to provide age relaxation in the case of compassionate appointment was recalled and set aside by an order dated 24.7.1998 with effect from the date of issuance of the latter. As the petitioner is stated to be claiming to have applied for compassionate appointment being over age in 1994. he was not entitled to compassionate appointment by relaxation of age under the circular issued on 25th July, 1998 which was perspective in its operation.