KUMARI SANGITA 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 28.12.20002 (Annexure -8) whereby the appointment of the petitioner on compassionate ground has been cancelled.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that on the recommendation of the District Compassionate Committee by Memo dated 1.7.1997 petitioner was appointed, as Clerk on compassionate ground and posted at Additional Primary Health Centre, Risiap in the district of Aurangabad. While she was posted as such, a show cause notice dated 15.6.1999 (Annexure -3) was issued asking her to show -cause as to why her service be not terminated. In the show cause notice it was stated that at the time of her fathers death, his wife was in service and in view of the direction of the State Government dated 5.10.1991, inter alia, providing that in case both the spouses are in Government service, in case of death of one of the spouses, benefit of appointment on compassionate ground shall not be available to any dependant, petitioner was not entitled to be appointed on compassionate ground. In the show cause notice, it was further alleged that petitioner was married at the time of her fathers death and therefore, not entitled to be given appointment on compassionate ground. It seems that thereafter, the case of the petitioner was considered by the Establishment Committee of the Health Department, which found her appointment on compassionate ground to be illegal on its conclusion that petitioners mother was in service at the time of her fathers death and accordingly, petitioner was asked to file her show cause by memo dated 11.12.2002 (Annexure -6). Petitioner filed her show cause dated 19.12.2002 (Annexure -7) and asserted that the lady in the service i.e. Sonia Devi is here step -mother whereas the name of her mother is Shanti Devi and hence, her appointment on compassionate ground cannot be said to be illegal. The plea taken by the petitioner in the show cause was considered and by the impugned order, service of the petitioner has been terminated.

(3.) MR . Bindhyachal Singh, learned Advocate appearing on behalf of the petitioner submits that the respondents are wrong in coming to the conclusion that Sonia Devi is not her step -mother.