SANKAR PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in the instant writ application has assailed the order as contained in Memo No. 3177 dated 22.9.2001 whereby the claim of the petitioner for appointment on compassionate ground has been rejected and further for a direction to the respondents to appoint the petitioner on compassionate ground. A copy of the order dated 22.9.2001 has been annexed as Annexure 8 to the writ application.

(2.) The brief fact of the case is that one Amar Bahadur Pradhan was in service of Bihar Military Police as Sub-Inspector. The said Amar Bahadur Pradhan while in service died some time in the month of June, 1998. Petitioner's case is that Amar Bahadur Pradhan was issueless and the petitioner's natural mother had died when the petitioner was only 1-1/2 years old. Said Amar Bahadur Pradhan and his wife approached the natural father of the petitioner and expressed their desire to adopt the petitioner. Accordingly the formalities of adoption were performed and petitioner was adopted by Amar Bahadur Pradhan and his wife on 3.7.1980. Since then the petitioner said to have lived with the adopted father Amar Bahadur Pradhan and he was given education upto class VII in the school where Amar Bahadur Pradhan shown as his father. It is stated that after death of Amar Bahadur Pradhan, which took place in June. 1998, the mother of the petitioner approached the Commandant of Bihar Military Police for consideration of the case of the petitioner for appointment on compassfonate ground. The petitioner submitted all the required documents but the claim of the petitioner was rejected by Order dated 16.11.2000 by the Director General-cum-Inspector General of Police, Bihar, Patna. The petitioner again approached the respondent. Deputy Inspector General of Police. Jharkhand on 24.5.2001 to consider the case of the petitioner. When the case of the petitioner was not considered, he filed WP (S) No. 3536/2001 for a direction to the respondents to consider his case for appointment on compassionate ground. The writ application was disposed on 6.8.2001 directing the respondent namely, Commandant, Jharkhand Armed Police, Ranchi to consider the case of the petitioner for appointment on compassionate ground after determining the question as to whether the petitioner is eligible and entitled for appointment on compassionate ground on the death of Amar Bahadur Pradhan. The claim of the petitioner was considered and rejected by the respondents by passing the impugned order as contained in Memo No. 3177 dated 22.9.2001.

(3.) Mr. V. Shivnath, learned counsel appearing for the petitioner assailed the impugned order as being illegal and wholly without Jurisdiction. Learned counsel submitted that the impugned order has been passed completely in violation of the direction of this Court in the order passed in WP (S) No. 3536/2001 as no opportunity of hearing was given to the petitioner. Learned counsel submitted that the respondents acted arbitrarily in rejecting the case of the petitioner and failed to give appointment only by creating an artificial distinction between son and adopted son. Learned counsel in this connection relied upon a Division Bench judgment of the Patna High Court in the case of State of Bihar and Ors. v. Laltush Kumar, 2001 (3) PLJR 136.