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2006 DIGILAW 831 (PAT)

Devlagani Devi v. State Of Bihar

2006-09-12

S.N.HUSSAIN

body2006
Judgment 1. Heard learned counsel for the petitioner and learned counsel for the State 2. This writ petition has been directed against letter no. 67/2004-55 dated 30.3.2005 (annexure-5) by which the Deputy Secretary, Minor Irrigation Department, Patna, Bihar rejected the claim of the petitioner for appointment on compassionate ground. 3. The claim of the petitioner is that the husband of the petitioner has died inharness on 2.5.1996 while he was working as Pump Operator in the Department of Minor Irrigation and thereafter within the prescribed time the petitioner filed an application for compassionate appointment on 24.4.1997. Learned counsel for the petitioner further submits that the said application was rejected by the authority concerned eight years thereafter on 30.3.2005 by the impugned order. He further contends that the said order dated 30.3.2005 (annexure-5) was passed only on the basis of the Government Circulars dated 25.4.1997 and 3.5.2003. He further avers that when her husband died and she had filed application for compassionate appointment, the said circulars of the Government was not in force as it was issued on 25.4.1997 without any clause regarding its retrospective nature and similar was the case of Circular dated 3.5.2003. He also avers that in the aforesaid facts and circumstances the petitioners application should have been allowed in view of the earlier policy of the Government as well as earlier order of this Court dated 9.3.2005 (annexure-3) passed in CWJC No. 14936 of 2004 filed by the petitioner for similar relief. 4. On the other hand learned counsel for the respondent-State opposes the contention of the learned counsel for the petitioner and submits that the impugned order had been passed by the authority concerned considering all pros and cons and hence it requires no interference. 5. Considering the facts and circumstances of the case, it is found that the impugned order had been passed without considering that circulars, which were being relied upon, were not in force on the date of death of the husband of the petitioner or on the date of the filing of the application by the petitioner, hence in the aforesaid circumstances the matter should have been decided according to the previous policy of the Government. 6. In the aforesaid circumstances, this writ petition is allowed, the impugned order dated 30.3.2005 (annexure-5) is quashed and the Deputy Secretary, Minor Irrigation Department, Patna (respondent no. 6. In the aforesaid circumstances, this writ petition is allowed, the impugned order dated 30.3.2005 (annexure-5) is quashed and the Deputy Secretary, Minor Irrigation Department, Patna (respondent no. 2) is directed to pass a fresh order in accordance with law considering the observations/directions of this Court in the instant order as well as in the previous order passed in CWJC No. 14936 of 2004 with in two weeks from the date of receipt/production of a copy of this order. 7. Let a copy of this order be handed over to the learned counsel for respondent- State for appropriate steps.