LAWS(PAT)-2018-3-34

SHEO PASWAN Vs. THE STATE OF BIHAR

Decided On March 19, 2018
Sheo Paswan Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondent-State.

(2.) While working as Cattle Yard Coolie, petitioner's father passed away on 07.01.2012. Being the legal heir of the deceased-employee, petitioner made the application for compassionate appointment. On 27.08.2013, the District Compassionate Appointment Committee, Patna, in its meeting, considered the case of the petitioner and rejected the same as in view of the minimum standards laid down for appointment on Class IV post, the petitioner has been found disqualified as he was not Xth pass. Petitioner appears to have acquired the qualification and made the application afresh which was considered in the meeting of the District Compassionate Appointment Committee in its meeting dated 27.01.2015.

(3.) Learned counsel for the petitioner submits that though the extant scheme of compassionate appointment provides for making application within five years of the death of the deceased, the petitioner's case has been rejected even though the same has been filed within five years. The petitioner applied for a second time within the aforesaid time prescribed by the extant resolution in respect of compassionate appointment.