Dismissed¶16

Alok Kumar Marandi v. the State of Jharkhand

Compassionate appointment – Delay

Jharkhand HC21 Jan 2025WPC/190/2022

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What is this about?

Jharkhand High Court (Ananda Sen, J.), W.P.(S) No. 190 of 2022, decided 21.01.2025: writ petition for compassionate appointment dismissed on the ground of inordinate delay — fourteen years since the employee's death in harness (25.07.2010); compassionate appointment is meant to tide the family over the sudden financial crisis and cannot be granted after a considerable period; Supreme Court decision in Fertilizers and Chemicals Travancore Ltd. v. Anusree K.B., 2022 SCC OnLine SC 1331, relied on; no relief granted.

What did the court decide?

Compassionate appointment is granted to the family of a breadwinner who dies in harness to overcome the immediate financial crisis; after passage of a long period, no compassion exists. ¶4

Alok Kumar Marandi Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 190 of 2022

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Alok Kumar Marandi, S/o Late Raska Marandi, R/o Village- Mal Jhakhra, P.O.Dhigi Simanpur, P.S.- Meharma, District- Godda, Jharkhand

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------ Petitioner(s)

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Versus

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1.The State of Jharkhand

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2.The State of Jharkhand through the Secretary, Department of Agriculture, Animal Husbandry and Co-operative, Dhurwa, Ranchi

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3.The Director of Udyan (Horticulture) Department, Kanke, Ranchi 4.The District Establishment Committee, Godda through the Deputy Commissioner, Godda, Jharkhand

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5.The District Udayan Officer, Godda, Jharkhand ------ Respondent(s)

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…… CORAM : SRI ANANDA SEN, J.

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-----For the Petitioner(s) : Mr. Pankaj Kumar Choudhary, Advocate For the Respondent(s) : Ms. Rishi Bharti, AC to AAG-III Mr. Sahbaj Akhtar, AC to AAG-III

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06/ 21.01.2025: Heard, learned counsel for the petitioner and learned counsel for the State.

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Petitioner’s father died on 25.07.2010. The petitioner approached the authorities for compassionate appointment in the year, 2013, which was rejected. Thereafter, the petitioner filed a writ petition being W.P.(S) No.3997 of 2020, in which vide dated 26.02.2021 respondents were directed to consider the case of the petitioner.

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The respondents rejected the claim of the petitioner on the ground that seven years have already elapsed, thus, no useful purpose will be served to grant compassionate appointment.

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Compassionate appointment is granted to the family of the bread winner who dies in harness, to overcome the immediate financial crises. After passage of long period no compassion exists. In this case, today nearly fourteen years have elapsed after death of father of this petitioner. The family has survived this long fourteen years, thus the very purpose of grant of compassionate appointment does not remain now. The Hon’ble Supreme Court in the case of Fertilizers and Chemicals Travancore Ltd. and Ors. Versus Anusree K.B., reported in 2022 SCC OnLine SC 1331 has held that the whole object of granting

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compassionate appointment is to enable the family to tied over the sudden crisis. If such an appointment is made after a considerable period, the same will be against the object and purpose for which the appointment on compassionate ground is provided.

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In view of the aforesaid fact and considering the judgment passed by the Hon’ble Supreme Court and the facts of this case where now fourteen years have passed since the death of the bread winner, I am not inclined to entertain this writ petition, accordingly, the same is dismissed.

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(ANANDA SEN, J.)

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R.S. A.F.R.

Alok Kumar Marandi v. the State of Jharkhand

Case brief

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Alok Kumar Marandi v. the State of Jharkhand

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