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2019 Supreme(SC) 1989

UDAY UMESH LALIT, INDU MALHOTRA
Kumud Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Shantanu Kumar, Adv., Gopal Singh, Adv., Manish Kumar, Adv.

ORDER

1. Leave granted.

2. The husband of the appellant was working in Ramdhan Mulko Girls High School Pakribarawan, Nawada. While in service, he died on 04.05.1990. Soon therafter, on compassionate grounds, the appellant was given employment in the very same school as a Clerk. At the relevant time, the school was a private school and was later taken over by the State which is presently managing the affairs of the school.

3. On the ground that the employment of the appellant was not consistent with the relevant policy, in terms of which no private institution was allowed to make any appointment after 04.02.1989 without the concurrence of the authorities, her appointment was put in question.

4. In effect, even after the State Government had taken over the control of the affairs of the School, the appellant continued to work in the school till 2013, whereafter her services were discontinued.

5. Considering the fact situation, where the husband of the appellant was in regular service in the school and upon death of her husband she was granted appointment on compassionate basis, we see no reason why her services could not be regularized. We, therefore, direct:

    a) The appellant shall be

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