Vishal Kumar vs The State of Bihar and Others

This appeal has ''been preferred'' against the order dated 18.8.2003 in CWJC. No. 6712 of 2003 Vishal Kumar v. State of Bihar and Ors.

Upon the death of his father the Appellant applied for job as a compassionate appointment. The claim was rejected on 21.5.2003 by the District Compassionate Committee of which the Collector is the Chairman.

The matter relates to seeking a job in the Rural Engineering Organisation Department. The job was denied by the Committee on the ground that the elder brother of the Appellant had been gainfully employed in the State Bank of India. The contention of the Appellant is to the effect that his brother and father were separate and evidence was offered, to the effect, that this was so.

The court is afraid, this logic of law will not apply for if there will be rivalry within the family as in the present case between the father and the son or between siblings, a job can be offered on the principle of compassionate appointment only to one person and when one is gainfully employed, there is no obligation to offer a job in an otherwise backdoor entry employment.

An order has been cited in the case of Bharat Prasad Vs. The State of Bihar and Others, . From paragraph 4 of the order, it is clear that the learned Judge has clearly mentioned that he is not deciding the validity of any guideline and merely permitted filing of a representation. This case does not apply to the circumstances of the case under consideration.

There is no error in the order of the learned Judge.

This appeal is dismissed.