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2016 Supreme(SC) 336

J.CHELAMESWAR, A.M.SAPRE
Md. Zamil Ahmed – Appellant
Versus
State of Bihar – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 20.12.2013 of the High Court of Judicature at Patna in L.P.A. No. 758 of 2013 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein against the order dated 08.11.2010 of the learned Single Judge of the High Court in C.W.J.C. No. 5713 of 2006 in which it was held that the appellant being the brother of the deceased was not entitled to claim compassionate appointment. His services were, therefore, terminated on this ground.

3. In order to appreciate the short issue involved in this appeal, it is necessary to state a few relevant facts:

4. One Mohd. Rashid Alam, who was working as a Constable in District Police Force, was killed while on security duty. He left behind his illiterate wife and four minor children. Since there was no one in the family to support the widow and the minor children, the widow of the deceased submitted a petition to the State (Police Department) enclosing an affidavit giving assurance by the appellant, who is the brother of the deceased, that he would support the widow and the minor children of the decease























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