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2016 Supreme(Pat) 1229

SHIVAJI PANDEY
Raj Kishore Paswan, S/o Prabhu Paswan – Appellant
Versus
State of Bihar through Principal Secretary, Department of Home, Patna – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prabhat Kumar Singh and Mr. Awadhesh Kumar Singh, Advocates
For the Respondent:Mr. Kinkar Kumar, Mr. Rakesh Kumar Sharma, Advocate Mr. Mrigendra Kumar Singh

JUDGMENT ;

Shivaji Pandey, J.

1. Heard learned counsel for the petitioner and the learned counsel for the State.

2. The issue in the present case based upon this interpretation Government circular dated 24th June, 2011 where 'Nati' has been made entitled to the benefit of compassionate appointment but the word 'Pota' is silent in the said circular.

3. A plea has been taken by the State that the grandfather of the petitioner (Pota) joined on the post of Choukidar in Khaira Police Station and, in his service period, he died on 08.10.2008. The claims of the petitioner to be appointed on compassionate ground cannot be entertained as in terms of the aforesaid circular, Pota is not entitled to the said benefit. The real meaning of Nati in the Circular in this context, the compassionate appointment has to be understood. It will be relevant to quote important portion of the circular, which has been issued in 24th June, 2011.

“1- e`r lsod dh iRuh@iq=@vfookfgr iq=h rFkk iq= dh fo/kok iRuh ,oa dkfeZd ,oa iz'kklfud lq/kkj foHkkx] fcgkj] iVuk rnsu ds ifji= la0 3@vuq 02&03@2004 dk0 512] fnukad 12-05-2005 dh dafMdk&4 esa nRrd iq= ,oa nRrd vfookfgr iq=h Hkh e`r ljdkjh lsodksa ds vkfJrksa dh lwph esa vk














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