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1992 Supreme(Pat) 362

DHARAMPAL SINHA, S.B.SINHA
Anil Kumar Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. B. Sinha, J.

1. Interpretation of various circular letters relating to appointment of the dependants of the employees who had died in harness is involved in all these writ applications.

2. The fact of the matters lies in a very narrow compass.

3. It is not disputed that the State of Bihar has adopted a policy decision to give preference for appointment in Class III and Class IV posts to the dependants of an employee who has died in harness.

4. The preamble of the Circular issued by the State of Bihar in this regard being Letter No.12754, dated 12-7-77 states that owing to premature death of an employee whose dependant family members some times face financial crisis at that time and, thus, the question of grant of some assistance to the members of the braved family at the time of distress was under consideration of the State for some time past and it has been decided that any of the dependants of the deceased would be given preference in employment in Class III and Class IV posts wherein the recommendations of the Bihar Public Service Commission is not necessary.

5. [***]

6. However, it appears that the Personnel Department of the State of Bihar issued another circular be



















































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