RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The issue which has fallen for consideration in this appeal is whether the employer, while deciding the case of the appellant for granting compassionate appointment, has given due consideration to the fact that one of the siblings has sufficient income by way of employment to maintain the appellant.

(2.) It has been submitted on behalf of the appellant that his prayer in the writ petition was rejected on the ground that a Full Bench judgement of this Court in Niraj Kumar Mallick v. The State of Bihar reported in 2018 (2) PLJR 951 has clarified that gainful employment of one of the siblings of the applicant seeking compassionate appointment is to be taken into account in an objective manner so that the employer gets to know whether the employed sibling generates sufficient income out of the employment to maintain the family of the applicant for compassionate appointment.

(3.) A look at the decision of the committee regarding the claim of the appellant for being appointed does not reflect any such consideration. The decision dated 19.08.2010 of the Compassionate Appointment Committee of which the District Magistrate, Muzaffarpur was the Chairman, does not reflect any such consideration and the claim of the appellant has been rejected only on the ground that one of his brothers is employed with the government.