RAVI BHUSHAN VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel appearing on behalf of the respondents.

(2.) The mother of the petitioner died while posted as Assistant Teacher in the Government High School at Khodaibag, Chapra on 27.6.1998. The petitioner applied for appointment on compassionate ground on 21.6.1999. Father of the petitioner was also in Government service and retired on 31.3.1999 as admitted by the petitioner in his application fof appointment on compassionate grounds. The grievance of the petitioner is that his application is still pending consideration when applications for appointment on compassionate grounds have their own urgency.

(3.) A counter affidavit has been filed on behalf of the respondents, it urges that elder brother of the petitioner was in Government service employed as a Clerk in the Industrial Development Authority. Since father of the petitioner was also in Government service the petitioner was not eligible for compassionate appointment under the Government circular dated 5.10.1991 which provides that "if husband and wife are both in Government service and one of them dies, in such situation the benefit of appointment on compassionate ground cannot be given to anyone of their legal heirs".