DEVENDRA CHOUDHARY S/O LATE SULO DEVI W/O LATE JAY SHANKER CHOUDHARY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVT OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajit Kumar Ojha learned counsel for the petitioner and Mr. Birju Prasad, GP 13 for the State.

(2.) The petitioner is aggrieved by the decision of the District Compassionate Committee, Muzaffarpur, taken in the meeting held on 21.12.2016 whereby the claim of the petitioner for compassionate appointment was rejected on grounds that he was aged 43 years and one month which exceeded the maximum age limit for entry in Government service. The decision in so far as the petitioner is concerned, appears at Serial No. 14 of the proceedings, a copy of which is impugned and forms part of Annexure-2 series.

(3.) Mr. Ojha learned counsel for the petitioner has relied upon an advisory of the Department of Personnel and Administrative Reforms as contained in the Circular dated 25.7.1998, a copy of which has been placed on record vide Annexure-4 to the supplementary affidavit to submit that even when paragraph 3 of the circular empowers the Committee to relax the age in compassionate appointment yet such a decision has been taken.