MANOJ KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing of the order as contained in Memo No.377 dtd. 6/2/2012 passed by the Respondent No.5 by which the claim of the petitioner for approval of the appointment on compassionate ground has been rejected. The petitioner has further prayed for a direction upon the respondent authorities to immediately and forthwith approve the appointment of the petitioner and fix the pay scale with effect from 18/9/1995; the date of joining, as the petitioner is working as Assistant Teacher duly appointed by the Management Committee but in the absence of necessary approval; the petitioner is not getting full salary and other benefits.

(3.) Mr. Samir Prasad, learned counsel for the petitioner draws attention of this Court towards the impugned order which speaks that in view of the letter No.1635 dtd. 4/8/1994; employees of Minority Government Aided Institution will not fall under the category of government employees, as such the benefit of compassionate appointment is not applicable in view of the notification which is annexed as Annexure-3 to the writ application. He further draws attention towards the judgment passed in the case of Najmussabah Vs. State of Bihar and Ors. [C.W.J.C. No.1122 of 1999(R)] and submits that Clause 11 of the circular has been discussed in this order and finally a direction was issued to the concerned respondent that benefit of Circular dtd. 5/10/1991 shall be extended to the petitioner of that case.