- (1.) THIS review application has been preferred by the original respondents in W.P. (S) No. 5100 of 2011.
(2.) IT is submitted by learned counsel for the State that the present opposite party in review application is the original petitioner in the writ petition, who had preferred W.P. (S) No. 5100 of 2011 for getting compassionate appointment because of death of his mother and this Court has passed an order dated 21 st September, 2011 that the original petitioner in the writ petition is not insisted for compassionate appointment as a Teacher and he is ready and willing to join for Class -III post employee. It is also submitted by learned counsel for the State that there is Government circular dated 5th October, 1991, issued by the Personnel, Administrative Reforms and Rajbhasa Department, State of Bihar, which is at Annexure 2 to the review application that if husband and wife both are in Government service and if any one of them expired and if another spouse is still serving in the Government, then no compassionate appointment shall be given. Learned counsel for the State further submitted that the mother of the opposite party (original petitioner in the writ petition) expired on 10th May, 2010 and as on that date, the father of the opposite party was working as the Government employee and he retired on 31st August, 2010. The present opposite party preferred an application for compassionate appointment on 22nd September, 2010. The recommendation was made, which is dated 30th December, 2010/28th February, 2011, but, the said recommendation was rejected on 28th June, 2011.
(3.) THE recommendation was in favour of the present opposite party, but, it was not accepted. Looking to the circular issued by the Government, the compassionate appointment was denied on 28th June, 2011. Thus, it is submitted by learned counsel for the State that when the mother of the present opposite party expired, his father was serving in the Government as a Teacher and, therefore, he is not entitled to compassionate appointment. It is also submitted by learned counsel for the State that cut off date for compassionate appointment is the date of death of mother of the opposite party (original petitioner in the writ petition) and not the date of application preferred by him for compassionate appointment nor it can be the date of recommendation and, therefore, the order passed by this Court dated 21st September, 2011 in W.P. (S) No. 5100 of 2011 may be recalled and the contempt application filed by the petitioner may be dismissed by this Court.;