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2000 DIGILAW 825 (PAT)

Vigyanti Devi v. State Of Bihar

2000-07-04

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. Heard the parties. 2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. 3. The husband of the petitioner Late Ashok Kumar Sharma was in the services of the State and died in harness on 8.10.1994. The petitioner applied for compassionate appointment but matter remained pending. Ultimately, she was appointed on 10.5.1998 as peon on the recommendation of the District Compassionate Appointment Committee. While petitioner was so functioning, the respondents issued impugned order no. 913 dated 30.7.99 and cancelled her appointment giving reference to recommendation of subsequent Establishment Committee which held its meeting on 18.12.1998. 4. In the counter-affidavit, the respondents have taken plea that the petitioner was not holding the qualification of 8th class and was not eligible for appointment against class-IV post in view of guideline issued on 25.4.1997. However, it has not been disputed that the impugned order was so issued without any notice and hearing the petitioner, in violation of rules of natural justice. 5. So far as guideline dated 25.4.1997 is concerned, the respondents have failed to take into consideration that the said circular was declared to be ultra vires by this court. Further, they failed to take into consideration that the husband of petitioner died in harness on 8.10.1994, when petitioner applied and at that stage, the circular dated 25.4.1997 was not in vogue. 6. In the circumstances, if the respondents sat tight over the matter in giving appointment in favour of petitioner on account of their laches, they cannot hold the petitioner ineligible for consideration of case for appointment from 1998 panel, including the order of appointment which should have been issued on an early date, immediately on the death of her husband, sometime in 1994-95. 7. For the reasons aforesaid, I set aside the impugned order dated 30.7.1999. 8. In the result, the petitioner stands reinstated with all consequential benefits, including arrears, which is to be paid within a period of three months from the date of receipt/production of a copy of this order. 9. The writ petition is allowed, with the aforesaid observations/directions.