Writ petition seeking compassionate appointment on the ground that petitioner's father, a work-charged employee who died in 1984, was confirmed at death; the petitioner's own application was rejected in 1991. The court found the delay defeated the very purpose of compassionate appointment and dismissed the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3840 of 2023
Chandra Kant Prasad Yadav, aged about 51 years, son of Late Atwari Yadav, Resident of Village-Kashidih, Buraih, P.O. and P.S. Madhupur, District-Deoghar … … Petitioner
Versus
1.The State of Jharkhand.
2 The Secretary, Water Resources Department, Government of Jharkhand, P.O. + P.S.- Dhurwa, District-Ranchi
… … Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Rahul Dev, A.C. to S.C. (L &C) III For the State of Bihar : Mr. Binit Chandra, J.C. to G.A. Bihar ---
05 /15.04.2024 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
“That, in this writ application, the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Mandamus to instruct the concerned Respondent to Provide compassionate appointment to the petitioner as the petitioner's father was employee under the respondents as Charged Staff under Master Planning Investigation under Sub-Division, Deoghar and died in the Year 1984 (i.e. 29.08.1984) at Deoghar under the said Sub Division.
AND/OR
Also for issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Certiorari to set aside the order dated 22.06.1991 by which the application for the Appointment of the Petitioner is/was rejected.
AND/OR
Any other appropriate writ/writs may be issued, order/orders may be passed, direction/ directions may be made as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner.”
3. Learned counsel for the petitioner submits that father of the petitioner had expired on 29.08.1984 and on that day his services were already confirmed. Earlier he was working as work charged employee.
He submits that in the year 1985, the mother of the petitioner had applied for compassionate appointment for herself as the petitioner was a minor at the relevant point of time and subsequently in the year 1991, the petitioner attaining the age of majority had applied for compassionate appointment and the same was rejected vide order dated 22.06.1991 which is under challenge in the present proceedings.
4. The learned counsel for the respondents has submitted that admittedly the petitioner was minor on the date of death of his father and much time has elapsed, therefore the very purpose of grant of compassionate appointment is defeated.
5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that the father of the petitioner expired on 29.08.1984 and impugned order rejecting the claim for compassionate appointment is dated 22.06.1991. There has been inordinate delay in approaching this Court and in the meantime the very purpose of grant of compassionate appointment, that is, to rescue the family from sudden crisis is already over.
6. Accordingly, this court is not inclined to grant the relief as prayed for by the petitioner in this writ petition and the same is hereby dismissed.
7. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Binit
2
1 issue framed by the court
Whether compassionate appointment could be granted decades after the employee's death and rejection of the claim in 1991.
Chandra Kant Prasad Yadav
The State of Jharkhand
The Secretary, Water Resources Department, Government of Jharkhand
The Chief Engineer, Water Resources Department, Government of Jharkhand
The Executive Engineer, Water Resources Department, Deoghar
The State of Bihar
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
