IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2343 of 2008
CHHOTE LAL UPADHYAY
Versus
THE BIHAR STATE ELECTRICITY BOARD
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2. 20.4.2011 Having heard counsel for the
parties at length this Court would find it
necessary to give a further opportunity to
the counsel for the Board to explain the
rationale of continuing with the practice of
not considering the adopted son in the
category of dependent for appointment on
compassionate ground even when the Board had
all along been treating them to be eligible
for appointment on compassionate ground in
view of its standing order No. 9B/D.E.M./
3021/89-733 dated 13.7.1991 which got
amended subsequently by the standing order
No. 18/D.E.M.-3035/93/749 dated 21.4.1993 on
the sole ground that the State Government in
its policy vide circular of the Personnel
and Administrative Reforms Department dated
5.10.1991 had taken a decision for not
including the adopted son among the category
of dependent for appointment on
compassionate ground.
The rescinding of the standing
order dated 13.7.1991 of the Board was
2
infact based on aforementioned Government
circular dated 5.10.1991 and when the
Government itself has withdrawn the said
provision of the circular by issuing a fresh
circular on 12.5.2005 following the law laid
down by this Court in the Division Bench
judgment in the case of Kamal r1 vs. State
of Bihar & ors., reported in 1994(2) PLJR
536, it would be necessary for the Board to
explain the circumstances in which the said
non-existing Government decision is still
being made applicable for denying the
compassionate appointment to the adopted
son?
List this case accordingly on
29.4.2011 at the top of the list to enable
the learned counsel for the Board to file a
supplementary counter affidavit as also
produce the original file from which the
standing order dated 21.4.1993 had been
issued.
Let a copy of this order be given
to Mrs. Nivedita Nirvikar, learned Counsel
for the Bihar State Electricity Board.
(Mihir Kumar Jha,J.)
Surendra/