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Showing contexts for: Legal Doctrines in Niraj Kumar Mallick vs The State Of Bihar & Ors on 2 May, 2018Matching Fragments
42. In my considered opinion the judicial pronouncements of the Hon‟ble Apex Court are consistently saying that appointment on compassionate ground is out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet . To me it appears that there cannot be any other consideration.
43. The essence of the judgment of the Hon‟ble Division Bench in the case of Vishal Kumar (supra) is based on a sound rationale and reasoning inconformity with the views expressed by the Hon‟ble Patna High Court CWJC No.17143 of 2016 dt. 02-05-2018 Supreme Court in a catena of decision some of them, I have referred hereinabove to enlighten with the legal doctrines.
44. Keeping in mind the aforesaid judicial pronouncements on the subject, I find that the Government of Bihar has been providing appointment on compassionate ground and various circulars and guidelines in this regard have been issued in the matter of appointment on compassionate ground from time to time. There are various aspects on which the guidelines have been issued, but so far as the present case is concerned, the only issue which has fallen for consideration is at serial no.(d) provided in the tabular form of the memo no.15783 dated 19.11.2014, I have already reproduced the said memo in the very beginning of this judgment. The memo no.15783 dated 19.11.2014 forms integral part of the scheme for appointment on compassionate ground. The legality and validity of the said memo as contained in Annexure-A to the counter affidavit is not under challenge in the writ applications, therefore, in these matters I am looking to interpret in accordance with the legal doctrines following from the judgments of the Hon‟ble Apex Court as well as this Hon‟ble Court, Clause (d) of Annexure-A to the counter affidavit.