(1.) Judges apply prior case law in the absence of Statute or create legal doctrines where the law is silent on a given set of facts.
(2.) The facts of the case briefly stated in these cases are as under:-
(3.) The writ-petitioner(s) happened to be the children of the deceased government servant, who died in harness, they applied for appointment on compassionate ground but their respective claims have been rejected by the respondents on the ground that their siblings are in government employment or are otherwise in service. The competent authorities of the State while considering their claim for appointment has rejected the same in the light of a clarification issued by the General Administration Department bearing no.15783 dated 19.11.2014 issued under the signature of the Additional Secretary to the Government, General Administration Department, Government of Bihar. In the present batch of cases we are concerned with only Clause (d) of the clarification, therefore the whole consideration would centre around Clause (d) alone.