BHARTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to appoint the petitioner to the post of teacher in the light of the recommendation of the District Compassionate Committee in its meeting held on 5.8.2002.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioners mother was an Assistant Teacher in Triveni Lal Middle School, Begusarai and while in service she died on 13.11.2001 leaving behind two daughters; namely the petitioner and Priyanka Kumari. Petitioner applied for appointment on compassionate ground and by letter dated 12.1.2002 (Annexure -2) the Headmaster of the School, where the mother of the petitioner was working, forwarded the application of the petitioner to the Area Education Officer. It seems that the case of the petitioner was considered by the District Compassionate Committee in its meeting held on 5.8.2002 and it recommended for appointment of the petitioner to the post of teacher, a class III post. However, when petitioner was not given appointment letter in pursuance of the decision of the District Compassionate Committee, she filed the present application on 24.3.2004. It is the assertion of the petitioner that she got married on 25.10.2002.

(3.) THERE is a controversy in regard to the date on which the petitioner was married. According to the petitioner she was married on 25.10.2002 whereas according to respondents she was married on 9.3.2002. Undisputedly, the case of the petitioner for appointment on compassionate ground was considered by the District Compassionate Committee on