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Documents citing Niraj Kumar Mallick vs The State Of Bihar & Ors on 16 March, 2017

Rajeev Kumar vs The State Of Bihar And Ors on 8 August, 2019

"In terms of the clarification offered by the department, on receipt of information that other siblings of the applicant are in employment, the competent authority would be required to objectively look into the nature of the employment and the resources being generated by the employed sibling from such employment. On an objective consideration where it is found that other sibling of the applicant is gainfully employed in such an employment from which he/she is in a position and has capacity to provide Patna High Court CWJC No.4156 of 2019(3) dt.08-08-2019 3/4 sustenance/maintenance to the other dependents, the application for appointment on compassionate ground would not fit in the scheme in terms of the clarification at Annexure "A" referred above but where it is found that the employment of the other sibling is of such a nature that it is not generating resources so as to make him able to provide both ends meet, for sustenance/maintenance to the other dependents of the deceased Government employee and despite gainful employment of one of the dependents but because of his poor income from such employment he is not in a position to provide two ends meet to the other dependents, therefore, they are on the verge of starvation, destitution and penury, the authorities of the State would be liable to consider the application of other dependent for appointment on compassionate ground. No other plea in any form whatsoever would be a ground to provide the benefit of the scheme of compassionate appointment".
Patna High Court - Orders Cites 1 - Cited by 0 - M Prasad - Full Document

Jitendra Kumar vs The State Of Bihar on 23 March, 2021

"48. In terms of the clarification offered by the department, on receipt of information that other siblings of the applicant are in employment, the competent authority would be required to objectively look into the nature of the employment and the resources being generated by the employed sibling from such employment. On an objective consideration where it is found that other sibling of the applicant is gainfully employed in such an employment from which he/she is in a position and has capacity to provide sustenance/maintenance to the other dependents, the application for appointment on compassionate ground would not fit in the scheme in terms of the clarification at Annexure-`A' referred above but where it is found that the employment of the other sibling is of such a nature that it is not generating resources so as to make him able to provide both ends meet, for sustenance/maintenance to the other dependents of the deceased government employee and despite gainful Patna High Court CWJC No.14290 of 2019(4) dt.23-03-2021 4/6 employment of one of the dependents but because of his poor income from such employment he is not in a position to provide two ends meet to the other dependents, therefore they are on the verge of starvation, destitution and penury, the authorities of the State would be liable to consider the application of other dependent for appointment on compassionate ground. No other plea in any form whatsoever would be a ground to provide the benefit of the scheme of compassionate appointment."
Patna High Court - Orders Cites 1 - Cited by 0 - M K Shah - Full Document

Chandan Kumar Singh vs The State Of Bihar on 16 November, 2022

"48. In terms of the clarification offered by the department, on receipt of information that other siblings of the applicant are in employment, the competent authority would be required to objectively look into the nature of the employment and the resources being generated by the employed sibling from such employment. On an objective consideration where it is found that other sibling of the applicant is gainfully Patna High Court CWJC No.1108 of 2020(2) dt.16-11-2022 3/4 employed in such an employment from which he/she is in a position and has capacity to provide sustenance/maintenance to the other dependents, the application for appointment on compassionate ground would not fit in the scheme in terms of the clarification at Annexure-"A" referred above but where it is found that the employment of the other sibling is of such a nature that it is not generating resources so as to make him able to provide both ends meet, for sustenance/maintenance to the other dependents of the deceased Government employee and despite gainful employment of one of the dependents but because of his poor income from such employment he is not in a position to provide two ends meet to the other dependents, therefore, they are on the verge of starvation, destitution and penury, the authorities of the State would be liable to consider the application of other dependent for appointment on compassionate ground. No other plea in any form whatsoever would be a ground to provide the benefit of the scheme of compassionate appointment.
Patna High Court - Orders Cites 2 - Cited by 0 - M Prasad - Full Document

Mukesh Kumar Paswan vs The State Of Bihar on 20 February, 2023

Having regard to the facts and circumstances of the case as appearing from the pleadings before this Court and the submissions of learned counsel for the petitioner and the State, this Court finds substance in the submission of learned counsel for the State. Admittedly, the two brothers of the petitioner are gainfully employed. It is not the case of the petitioner that their income is so poor that they cannot provide two ends meal to the Patna High Court CWJC No.86 of 2023(2) dt.20-02-2023 5/8 other dependants. The Hon'ble Full Bench of this Court in the case of Niraj Kumar Mallick (supra) has after discussing the law on the subject held in paragraph '46' onwards as under:
Patna High Court - Orders Cites 2 - Cited by 0 - R R Prasad - Full Document

Zishanur Rahman vs The State Of Bihar on 19 April, 2023

47. I am of the considered opinion that keeping in mind the object of the compassionate appointment and well settled legal proposition that it is not a source of recruitment, it is a policy decision based on a sound public policy provided Patna High Court CWJC No.2763 of 2023(2) dt.19-04-2023 4/4 in the clarification that where any of the dependents of the deceased government servant is 'gainfully employed', no other dependent would be entitled to get the benefit of the scheme of compassionate appointment. Government has come out with a policy that the dependent who is gainfully employed is living separately from other dependents cannot be a reason to provide appointment and irrespective of that whether employed one lives together or separately the other dependents would not get the benefit of compassion. The word 'dependents' here take into it's fold all the siblings of the applicant. The clarification as contained in Clause (d) of Annexure-A to the counter affidavit is based on the views expressed by the Hon'ble Division Bench of this Court in the case of Vishal Kumar (supra) and at the same time it is in consonance with the law laid down by the Hon'ble Supreme Court in the case of Umesh Kumar Nagpal (supra) as also other judgments of the Hon'ble Supreme Court."
Patna High Court - Orders Cites 3 - Cited by 0 - R R Prasad - Full Document
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