BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to quash the order dated 24.7.2003 (Annexure 8) whereby the appointment of the petitioner on compassionate ground has been cancelled.

(2.) Short of unnecessary details facts giving rise to the present application are, that the petitioner's father Bindeshwar Singh while working as Ward Attendant, a Class IV post in Sadar Hospital, Hajipur died on 18.4.1995. At that particular point of time petitioner's mother was also in service in the State Government as a Class IV employee. However, after retirement of his mother, petitioner filed application inter alia stating that her mother had retired and she is not getting any pension and in the aforesaid premise prayed for appointment on compassionate ground. The prayer of the petitioner for appointment on compassionate ground was considered by the District Compassionate Appointment Committee in its meeting held on 23.7.1996, which recommended for appointment of the petitioner to any class IV post, in the light of the recommendation of the District Compassionate Appointment Committee, the Civil Surgeon-cum-Chief Medical Officer, Hajipur by memo dated 24.8.1996 (Annexure 2) appointed the petitioner to a class IV post and posted at Primary Health Centre, Patepur. In pursuance of the aforesaid order petitioner joined the service.

(3.) Later on, a show cause notice was issued to the petitioner asking him to show cause as to why his services be not terminated inter alia on the ground that petitioner was not entitled to be appointed on compassionate ground as on the date or death of his father in harness petitioner's mother was already in the service of the State Government. Petitioner submitted his reply and on consideration of the same by the impugned order petitioner's appointment has been found to be illegal and accordingly, cancelled.