JUDGEMENT
VIKRAMADITYA PRASAD, J. -
(1.) HEARD both the sides.
(2.) THE petitioners husband had died in harness then she applied for her appointment to Class IV post on compassionate ground. By Annexure 2 she was appointed on the recommendation of the District Establishment Committee by the District Animal Husbandry Officer, Dhanbad. This letter was issued on 31.3.1994.
A letter of department regarding compassionate appointment, as contained in Annexure 3 was issued on 12.4.1994, which reads as follows : - -
"Sankhya 13 Stha -176/93, P.Ma. 2693 Pashupalan Vibhag, Bihar, Patna
Preshak. Dr. Ram Raj Ram, Nideshak, Pashupalan Vibhag, Bihar, Patna
Sewa Me, Sabhi Kshetriya Nideshak, Pashupalan
Sabhi Zila Pashupalan Padadhikari
Bishaya : Anukampa ke aadhar per keshtriya padadhikari dwara ke ja rahi niyukti ke sabandhya me.
Mahashya,
Upyukta bishaya ke ore aapka dhyan akrishta kartey huya kahana hai ki kshetriya padhadhikari dwara anukam -pa per verge 3 awang verg 4 ke path per zila striya anukampa samiti se anushansha pratra kar niyukti ke kar -wari ke jati hai jo aniyamit pratit hota hais. Gatbya ho ki vibhag me rajya stariya anukampa samiti gatidh hai es -liyae vabishya me koi bhi anukampa ke aadhar per niyukti ke karwai ke liye vihit praptra awing anya vanchit praman patron ke sath nidhasalaya vejen."
(3.) ON perusal of this letter it appears that there was practice that the regional authority used to pass the order of appointment on compassionate ground against the Class III and IV post on the basis of recommendation of District Level Compassionate Appointment Committee, which appears to be irregular. Consequently it was directed that any State Level Compassionate Appointment Committee was existing so in future for the purposes of appointment on compassionate ground, the papers be sent to the Directorate for being processed. On perusal of this letter it appears that this letter does not approve the existing procedure of appointment on the basis of District Level Compassionate Appointment Committee and therefore, it was directed that in future the appointment be made on the recommendation of the State Level Committee.;
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