STATE OF BIHAR Vs. BIVEKANAND SINGH

JUDGEMENT

(1.) HAVING heard counsel for the parties in the matter of limitation, for the facts and reasons mentioned in I.A. No. 2085/2007, the delay in filing of the appeal is condoned.

(2.) This appeal by the State of Bihar and its officials is directed against the order dated 29.8.2006 passed in C.W.J.C. No. 11181/2005 whereby and whereunder the order of termination of the respondent -writ petitioners has been set aside with a direction to reinstate them in service with all consequential benefits.

(3.) THE facts giving rise to the aforementioned writ application lie in a narrow compass. The father of respondent -writ petitioner No. 1 died on 30.4.1983 at a point of time when his age was only 10 years and 3 months approximately. It has been claimed that on 1.2.1985 he had filed an application for his appointment on compassionate ground in terms of the circular of the State Government and when such appointment was not made in the next five years, his mother had approached for such compassionate appointment of his son (writ petitioner No. 1) and ultimately he was appointed on 30.3.1994 under the orders of the competent authority, whereafter he is said to have joined on 1.4.1994. Almost similar if not worse is the fact of the respondent -writ petitioner No. 2. whose father is said to have died on 14.1.1980 while he was aged about four years and four months, whereafter his mother is said to have filed an application for seeking appointment on compassionate ground on 20.1.1981 which is said to have culminated into an order of appointment of writ petitioner No. 2 on 30.3.1994, whereafter he too is said to have joined the post on 1.4.1994.