STATE OF BIHAR Vs. MEERA DEVI

JUDGEMENT

(1.) Satya Narayan Mishra was employed as a Head Clerk in the office of Public Health and Engineering Department, Purnea. He died-in-harness on 10th of October, 2000. His wife Meera Devi (present respondent) made an application for appointment on compassionate ground to her only daughter Amrita Mishra. Her claim for compassionate appointment to her daughter Amrita Mishra was rejected as she was married. She approached this court by filing writ petition (CWJC No. 4022/2001). The Single Judge partly allowed her writ petition vide order dated 21st September, 2004 with a direction to the present appellants to reconsider the application for compassionate appointment made by her. It is this order which is impugned in the present appeal.

(2.) At the outset, we may observe that ordinarily we would not have dealt with the matter on merit in the appeal from an order like this whereby the Single Judge has remitted the matter back to the Compassionate Committee for reconsideration of the application for compassionate appointment made by the present respondent (writ petitioner). However, in view of the admitted facts, we are of the view that reconsideration of the application made by the respondent for appointment on compassionate ground is uncalled for. We indicate the reasons therefor.

(3.) That the widow (present respondent) did not desire the appointment for her own on compassionate ground is an admitted position. She desired her only daughter Amrita Mishra to be given appointment on compassionate ground is not disputed. That Amrita Mishra is married is also an admitted position. She stated in her application for appointment that since her only daughter and son-in-law were looking after her, on the death of her husband, appointment on compassionate ground be given to her daughter.