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2002 Supreme(Pat) 303

R.N.PRASAD
Indu Srivastava – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The husband of the petitioner who was on class-II post, died in June, 1998 while serving the Government of Bihar as an Artist in the Department of Information and Public Relation. The petitioner filed an application for his appointment on compassionate ground. The case of the petitioner was forwarded for appointment to class-III post. The compassionate committee rejected the claim of the petitioner for appointment on compassionate ground on 13.9.1999 on the ground of over-age. The petitioner challenged the said order in C.W.J.C. No. 6897/2002. The writ petition was disposed of on 4.9.2000, Annexure-2, stating therein that petitioner is aged about 48 years and her husband died in harness, and the case was remitted to the respondent to re-consider her case for appointment on compassionate ground on relaxation of age and communicate to her within a period of three months from the date of receipt/production of copy of the order. The order was not complied with and as such the petitioner filed M.J.C. no. 38/2001 for initiating a competent proceeding. However, during pendency of M.J.C. a letter bearing memo no. 1395 dated 16.3.2001 was issued by the Department of Personnel and






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