MANI MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) During the course of hearing, it was jointly requested to take up the matter for final hearing in view of the urgency of the matter. The matter is accordingly heard.

(2.) By this petition under Art. 226 of the Constitution of India, the petitioner has questioned the action of the respondent-authority and it is alleged that the rejection of the application for compassionate appointment is violative of the provision of the Government Policy manifested in Memo No. 3/C2-2067/90-Ka 13293 dated 15th Oct., 1995, wherein, according to the petitioner the minimum age limit for making application for appointment on compassionate ground has been withdrawn, it is the contention of the petitioner that despite that his application has been rejected on the ground of it being time barred.

(3.) The father of the petitioner, who was working as a Chowkidar within Mufassil (Nawada) Police Station in the District of Nawada, died while in service in 1998. The eldest son of the deceased employee applied for his appointment on compassionate ground, which came to be rejected on the ground that it was suffering from want of qualification for the post applied for. The application from other qualified member was invited and in consequence thereof the grandson of the deceased employee had applied which was, also, turned down on the ground that the policy does not admit the category of the grandson for the purpose of appointment on the compassionate basis.