STATE OF BIHAR Vs. SUMITRA DEVI

JUDGEMENT

(1.) THOUGH , I.A. Nos. 756 of 1997 and 789 of 1997 were listed 'For Orders' but with the consent of learned counsel for the appellants, L.P.A. itself was heard on merit after condoning the delay in filing the appeal.

(2.) IT has been contended by learned counsel for the appellants -State that by the impugned order dated 28th November, 1996 learned single Judge has erred in directing the Respondents to consider the case of Respondents (petitioners in C.W.J.C. No. 8389 of 1994) for compassionate appointment in the light of the Government circular.

(3.) ACCORDING to learned counsel for the appellants as the deceased Government employee who died in harness, was a citizen of Nepal, as such, he could not invoke the jurisdiction of this Court under Article 226 of the Constitution for violation of equality clause enshrined in Articles 14. and 16 of the Constitution, as the said provision was applicable only to the citizen of this country.