LAWS(PAT)-1997-8-89

BHARAT PRASAD Vs. STATE OF BIHAR

Decided On August 12, 1997
BHARAT PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Petitioner has filed this writ petition for direction on the Respondents to appoint the Petitioner on compassionate ground.

(2.) Admittedly, the Petitioner's father was in the service of the Zila Parishad, Motihari and died in harness on 22nd October, 1995. He left behind his wife and three sons. It is admitted by the Petitioner that two of the sons of late Bigan Raut (i.e. two brothers of the Petitioner), they are in Government service. However, according to him in terms with the letter of clarification given by the Deputy Secretary, Personnel and Administrative' Reforms Department vide letter No. 895 dated 18th February. 1995, the compassionate appointment cannot be denied on the ground that two sons are in service, if other son(s) is not maintaining the family and is separated.

(3.) It is further submitted that in terms with the guideline of the State Government, the appointment on compassionate ground is to be given to the dependant of the deceased employee. In the case of this Petitioner, the two brothers being in service at the life time of Bigan Raut and among Petitioner and his mother appointment is to be given to any one of them.