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2022 Supreme(Pat) 291

RAJAN GUPTA, MOHIT KUMAR SHAH
Khushbu Kumari @ Khushbu Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : Mr. Arvind Kumar Sinha.
For the Respondent: Mr. Lalit Kishore.

RAJAN GUPTA, J.:–The present appeal is directed against the order dated 01.03.2021 passed in CWJC No. 2293 of 2021, whereby and whereunder the prayer of the appellant for grant of compassionate appointment, has been rejected.

2. The brief facts of the case are that the deceased father of the appellant died in harness on 14.08.2010, whereafter the appellant is stated to have filed an application on 06.03.2014, in the prescribed format for grant of compassionate appointment. It appears that the application of the appellant for grant of compassionate appointment was processed by the respondent authorities, however, the same was rejected by the District Compassionate Committee, headed by the District Magistrate, Purnea in its meeting held on 09.07.2020 on the ground that the appellant had neither passed the matriculation exam as on the date of application nor the appellant had passed the same within a period of five years of the death of her father which is the limitation period for the purposes of filing an application for grant of appointment on compassionate ground.

3. The learned counsel for the appellant has contended that the learned Single Judge has not appreciated the fact that t

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