Petitioner challenged rejection of compassionate appointment application. Court granted liberty to raise grievance before the concerned authority within two months and disposed of writ without substantive adjudication.
Liberty to approach the concerned respondent to decide the issue afresh within two months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2401 of 2009 Santosh Kumar Shukla ..… Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
----For the Petitioner : Mr. Abhay Kr. Mishra, Advocate For the Respondents : Mr. Rakesh Kr. Roy, JC to G.A-III -----
08/ 04/02/2021 Heard Mr. Abhay Kr. Mishra, learned counsel for the petitioner and Mr. Rakesh Kr. Roy, learned counsel for the respondent State through V.C.
2. The instant writ application has been preferred by the petitioner praying for quashing and setting aside the order as contained in Memo dated 12.12.2007 (Annexure-4), whereby the candidature of the petitioner for appointment in the post of Teacher on the basis of compassionate ground in place of his father, who died in harness on 12.09.1974, has been rejected.
3. Mr. Abhay Kumar Mishra, learned counsel for the petitioner submits that the said rejection has been made on the ground that in view of the letter No.6694 dated 17.05.1980 of the Government it has been decided that the compassionate appointment can be given only when the Government servant died on 12.07.1975 or thereafter.
4. Learned counsel for the petitioner submits that in view of the amendment made in the Circular subsequently; the petitioner may be given liberty to approach the concerned respondent who shall decide the issue afresh and pass a fresh order.
5. Learned counsel for the respondent State does not have any
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objection.
6. In view of the limited submission of learned counsel for the petitioner the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the concerned respondent raising his grievance within a period of 2 months from today. If any such representation is filed, the same shall be disposed of in accordance with law, rules, regulations and policy decision of the Government.
7. With the aforesaid observation, the instant writ application stands disposed of.
(Deepak Roshan, J.)
Pramanik/
1 issue framed by the court
Whether the petitioner is entitled to compassionate appointment given grandfathered rules or if he must approach the authority afresh.
Santosh Kumar Shukla
The State of Jharkhand
Deputy Commissioner, Latehar
District Superintendent of Education, Latehar
Circle Education Officer, Latehar
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court