LAWS(PAT)-2005-3-54

SANJEEV KUMAR Vs. STATE OF BIHAR

Decided On March 23, 2005
SANJEEV KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD both the parties.

(2.) THE application made by the petitioner on 19th November, 2003 for appointment on compassionate ground for his father, a Government employee, died in harness on 6th April, 2002 has been rejected by the impugned Memo No. 3021 dated 24th November, 2003 on the ground that in terms of the policy of the Government a dependent of an employee who was initially appointed in the Work Charged Establishment but later on appointed or regularised in the permanent Establishment is not entitled to a compassionate appointment even if the employee concerned dies in harness. This policy of the Government has been struck down by the Division Bench in the case of Dilip Kumar Bhattacharya & Ors. vs. The State of Bihar and Ors. reported in 2004(4) PLJR page 889 when the Division Bench held that such an employee is also entitled to compassionate appointment.

(3.) THIS disposes of the writ petition. There shall be no order as to costs.