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MOHIT KUMAR SHAH
Arbind Kumar Chaudhary, S/o. Late Ram Punit Chaudhary – Appellant
Versus
State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar – Respondent
JUDGMENT :
The present writ petition has been filed for quashing memo dated 07.03.2019, issued by the Respondent No. 1 bearing the signature of the Respondent No. 3 i.e. the Joint Secretary, Department of Education, Government of Bihar, Patna whereby and whereunder the Government of Bihar, in compliance of the order passed by the Hon’ble Apex Court in Civil Appeal No. 4776-4777/2017 (Mukesh & Another vs. State of Bihar & Others) dated 03.04.2017, has taken the following decisions:-
(ii) In compliance of the aforesaid Order, appointment on Compassionate ground shall be made on the regular post of teacher and in the regular pay-scale, only against the available vacancy.
(iii) This order shall be applicable only with regard to the parties of the case in reference and that of the e
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
Once a compassionate appointment is accepted, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.
Compassionate appointments are not automatic and must adhere to the rules in force at the time of the employee's death, ensuring equitable treatment.
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