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2001 Supreme(Pat) 907

AFTAB ALAM
Manish Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioners claim for appointment on compassionate grounds has been turned down by the respondent authorities under unfortunate circumstances.

2. The facts are brief and without controversy. The father of the petitioner died on 31.8.1995 while he was in service and was posted as the Principal in a nationalised high school upto + 2 level. Following his death his elder son, namely, Mayank Manohar, elder brother of the petitioner, was appointed as an Assistant teacher on 26.3.1996 under the scheme of compassionate appointments. Unfortunately, Mayank Manohar died on 29.12.1997, within two years of his appointment on compassionate grounds. Thereafter, the present petitioner made an application for appointment on 20.12.1998 which was favourably recommended by the Block Education Extension Officer. His claim was, however, rejected by the District Compassionate Committee and he was informed by letter, dated 24.7.1999 written by the District Superintendant of Education, Gaya.

3. The District Compassionate Committee cannot be said to be totally unjustified in taking a decision against the petitioner. The brother of deceased employee is not covered by the scheme of compassionat



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