SHIV KUMARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have heard both sides. The petitioner is a lady. She has been refused compassionate appointment by the impugned order dated 30.09.2002, a copy of which has been enclosed as Annexure-5 to this writ petition. The order shows that apart from the petitioner there are several other lady and gent candidates who have been refused compassionate appointment by that very order on the same ground, namely that they did not have the educational qualification of having passed Class-VIII which was necessary for an appointment to Class-IV posts and they had also not passed Class-VII up to which the aforesaid qualification of Class-VIII has been relaxed by the Government by the letter dated 31.7.2002.

(2.) The petitioner has referred to a circular of the Bihar Government dated 30.11.1984, a copy of which has been enclosed as Annexure-6 along with rejoinder affidavit (reply to the counter affidavit). In clause 6 of the said circular of the Bihar Government the educational qualification for lady candidates seeking compassionate appointment have been totally relaxed subject only to the condition that within two years of appointment the lady candidates would obtain the reading-writing ability.

(3.) Apparently, this circular which is specifically applicable only to lady candidates seeking compassionate appointment has not been considered in Annexure-5.