ROSHAN JOHN NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) FATHER of the petitioner, who was working as Jeep driver in the office of Drinking water and Sanitation, Circle Chaibasa, had expired in harness on 21.12.2000. For the first time, mother of the petitioner had applied to grant compassionate appointment to the petitioner on 11.06.2010. Request to grant compassionate appointment in favour of the petitioner was declined vide order dated 23.9.2011, Annexure no. 6. Feeling aggrieved, the petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India by way of present petition.

(2.) LEARNED counsel appearing for the petitioner has submitted that initially father of the petitioner late Arnest Nag was working as work charge employee; his services were regularized after his death vide order dated 28.02.2009, Annexure no. 2 with retrospective effect that is from 01.06.1993; order dated 28.02.2009 was approved by the Government on 7.12.2009, Annexure no.3. Mr. K.M. Verma, learned counsel appearing for the petitioner has further submitted that in view of the circular no. 4379 dated 16.07.2008 Annexure no. 7, compassionate appointment can only be granted to the dependent of the regular employees. Since the petitioner's father was earlier working as work charge employee, and later on his services were regularized w.e.f.01.06.1993, therefore, before the regularization of service vide Annexure nos. 2 and 3 , there was no question of moving application seeking compassionate appointment for the petitioner.