Disposed

Avinash Alfred Marandi v. Personnel And Adminis Reform

Jharkhand HC5 May 2017WPC/6431/2016

Case brief

AI extract

What is this about?

Petitioner, father deceased in harness, sought appointment on compassionate grounds. Respondents delayed consideration. Court directed respondent-No.3 to pass a reasoned order within six weeks and issue appointment letter if favorable within four weeks thereafter.

What did the court decide?

Respondent No.3 to pass reasoned order within six weeks; issue appointment letter within four weeks if decision is favorable.

Avinash Alfred Marandi Vs Personnel And Adminis… — Service and Employment | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P (S) No. 6431 of 2016

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…..

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Avinash Alfred Marandi …. Petitioner

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Versus

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The State of Jharkhand

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The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, at Project Building P.O & P.S. Dhurwa Dist. Ranchi Jharkhand

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The Principal Secretary, Department of Home, Govt. of Jhakrhand, At Project Building P.O & P.S. Dhurwa, Dist. Ranchi

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The Deputy Commissioner Giridih, At Collectariate Building, Giridih, P.O & P.S. Giridih Dist. Giridh, Jharkhand

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Block Development Officer, Bengabad, at Bengabad P.O & P.S. Bengabad Dist. Giridih Jharkhand …. Respondents

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CORAM: HON'BLE MR. JUSTICE DR. S.N. PATHAK

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For the Petitioner : Mr. A.K. Singh, Advocate For the Respondents : Mr. Binod Poddar A.G

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05/ Dated 5th May, 2017

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Petitioner has approached this Court with a prayer to appoint him on compassionate ground on a suitable post as per availability of post and his qualification.

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Factual Matrix

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The father of the petitioner died on 18.04.2015 in harness. He left behind him his wife and two sons which is evident from family relationship certificate issued by the Block Development Officer, Giridih. After death of the deceased employee, the petitioner (son), filed representation for appointment on compassionate ground vide representation dated 03.11.2015 which was duly forwarded on 04.11.2015. The petitioner along with his representation has also submitted educational certificates, Character certificate etc. After verifying the said certificates some discrepancies were pointed out by the respondents and accordingly a direction was given to the petitioner to submit all the documents. Thereafter, the petitioner submitted all the required documents and affidavits as demanded by the respondent-authorities. Vide letter No. 175 dated 02.02.2016, once again some other certificates was asked from the Controlling Officer of the deceased employee. After getting such information, the

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-2-

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petitioner approached before the concerned respondent-authorities and submitted all the relevant documents which were available to him and the same has been forwarded vide letter no. 273 dated 13.02.2016. The petitioner filed several representations, but no order has been passed by the respondents, hence, this writ petition has been preferred.

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Learned counsel for the petitioner strenuously urged that though petitioner's case has been recommended by the respondents, but, it is still pending before the Home Department and neither any action has been taken nor any order has been passed. Learned counsel for the petitioner further submits that the petitioner deserves to be appointed on compassionate ground as he fulfilled all the required criteria for appointment on compassionate ground.

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Mr. Anshuman Kumar, J.C. to A.G fairly submits that though no counter-affidavit has been filed but respondents undertake to pass a reasoned order on the representation of the petitioner.

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Be that as it may, having gone through the rival submissions of the parties, this Court is of the view that the case of the petitioner needs consideration. The respondents are directed to take a decision on the representation of the petitioner and particularly respondent no.3- The Principal Secretary, Department of Home, Govt. of Jharkhand, Ranchi is hereby directed to pass a reasoned order/ take a fresh decision on the representation of the petitioner which is pending before the concerned department for consideration. Let the entire exercised be done within a period of six weeks' from the date of receipt of copy of this order.

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Needless to say that if decision is taken in favour of the petitioner appointment letter be issued within a further period of four weeks' from the date of passing of the said order.

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Accordingly, writ petition stands disposed of.

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(Dr. S.N. Pathak, J.)

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Anjali/-

Avinash Alfred Marandi v. Personnel And Adminis Reform

Case brief

What is this about?

What did the court decide?

Avinash Alfred Marandi v. Personnel And Adminis Reform

Case brief

What is this about?

What did the court decide?

What the court decided

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