MASANG SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to consider the claim of the petitioner for appointment on compassionate ground in place of his deceased father, who died in harness on 18/7/2011.

(2.) The factual exposition as has been delineated in the writ petition is that the father of the petitioner, namely Buddhinath Soren was appointed as a Chowkidar in Beat No.1/8, Dhalbhumgarh Police Statation and died in harness on 18/7/2011, leaving behind his wife and 4 sons as legal heir and representative. The petitioner is the elder son of the deceased employee. On 9/3/2012, the petitioner being matriculated from Hindi Sahitya Sammenlan, Allahaband, applied for compassionate appointment. Pursuant thereto, the Sr. Superintendent of Police, East Singhbhum, Jamshedpur vide his letter dtd. 7/9/2015 has submitted his Enquiry Report in respect to compassionate appointment of the petitioner to the concerned Authority, but no final decision was taken. In the meantime, the petitioner got knowledge that the certificate submitted by the petitioner is not recognized by the Jharkhand Government, then he acquired Madhyama (Sanskrit) certificate in the year, 2017, conducted by the Jharkhand Academic Council, which is equivalent to matriculation certificate. Soon thereafter, the petitioner submitted the same to the concerned authority and requested the authorities to consider his case for compassionate appointment, but the respondents are sitting tight over the matter and no decision has been taken. Aggrieved by the same, the petitioner has been constrained to knock the door of this Court. However, during the pendency of the writ petition the respondents have taken final decision and rejected the claim of the petitioner for compassionate appointment on the ground that on the date of application, the petitioner was not having requisite qualification and the required certificate was submitted by the petitioner after 5 years of the death of the employee.

(3.) Mr. Shristidhar Mahato, learned counsel for the petitioner submits that the petitioner has given his application for compassionate appointment in the year, 2012 itself and during the pendency of his application, he has submitted the required matriculation certificate issued by Jharkhand Academic Council in the year, 2017, therefore, there is no delay on the part of the petitioner. He further submits that petitioner is the legal heir of the deceased employee and fulfills all the requisite qualification and as such, a direction may be given upon the respondents to consider the case of the petitioner for compassionate appointment.