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2006 Supreme(Pat) 319

Most. Kaushalya Devi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Pramod Mishra & Vijay Kr. Mukul.
For the Respondent: None.

ORDER

1. No one appears on behalf of the respondents.

2. From Annexures-3 and 3(1) to the writ petition, it would be evidence that the husband of the petitioner was a permanent employee of the Government. From Annexure-1 to the writ petition, it would be evidenced that the husband of the petitioner died on 2nd June, 1982. From Annexure-2 to the writ petition, it would be evidenced that in view of the death of the husband of the petitioner occurred while he was in service, a compassionate appointment was given to the petitioner. This appointment was given to the petitioner as far back as on 17th December, 1982. By the impugned order dated 21st August, 2003, the said appointment of the petitioner on compassionate ground has been cancelled and she was converted into a daily wage worker. Only reason of issuing the impugned order was that the petitioner had been appointed in the work charge establishment. The impugned order does not show that before the same was issued, it had been taken into account that the appointment of the petitioner was accorded on compassinate ground, which can only be accorded in the permanent establishment.

3. In such view of the matter, the impugned order dated 2


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