NITESH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the respondents.

(2.) Learned Counsel appearing for the appellant submitted that the learned Single Judge failed to appreciate the fact that the brother of the appellant was separate in mess and business and was not offering any support to the family. His gainful employment could not have been a ground for negating the right of the appellant to be appointed on compassionate ground. He further contended that since father of the appellant is also suffering from several ailments and most of his earnings are being spent on medical expenses, his earning, as a retired Government servant, could not have been made a ground for denying the compassionate appointment to the appellant.

(3.) Learned Counsel for the State submitted that there is no illegality in the judgment of the learned Single Judge. He contended that the father of the appellant was in Government service and is drawing pension after his superannuation; whereas, the sibling of the appellant is also gainfully employed. That apart, on account of the death of the mother of the appellant, family pension is also being paid to the dependents of the deceased employee. In that view of the matter, the learned Single Judge rightly rejected the application filed on behalf of the appellant.