BIVEKANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties and considered the counter affidavit.

(2.) Both the petitioners who were appointed on compassionate ground vide orders as contained in Annexures 3 and 5 respectively dated 30th March, 1994 have been terminated by the order impugned as contained in Annexure 9 dated 7.7.2005.

(3.) Counsel for the petitioners contended that father of petitioner no. 1 died-in-harness in the year 1983 and an application thereafter was filed on 1.2.1985 on behalf of the petitioner under the provisions of Circular of the State Government of the year 1977 for appointment on compassionate ground whereas father of petitioner no. 2 died-in-harness in 1980 and an application was filed by the mother of petitioner no. 2 in 1981 for her appointment on compassionate ground under the provisions of 1977 Circular of the State Government. The applications filed on behalf of the petitioners however, were not considered as both the petitioners were minors. Application filed on behalf of the mother of petitioner no. 2, however, was not considered. Petitioner No. 2 thereafter filed application in 1993 on attaining majority. The application filed on behalf of petitioner nos. 1 and 2 therafter were considered for their appointment on compassionate ground as they had attained majority by that time and by virtue of the orders as contained in Annexures 3 and 5 respectively they were appointed on compassionate ground vide order dated 30.3.1994. Both the petitioners thereafter continued in services and now vide order as contained in Annexure 9 they have been terminated on technical ground saying that their applications filed for compassionate appointment were not within the time limit and since the family had survived for ten years, no question of appointment on compassionate ground had arisen.