LAWS(JHAR)-2003-2-38

JAY KRISHNA ROY Vs. STATE OF JHARKHAND

Decided On February 26, 2003
Jay Krishna Roy Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE petitioner to as challenged the order dated 15.9.1995, whereby his application for appointment on compassionate ground has been rejected on the ground that he was minor on the date of death of his father.

(2.) THE petitioners father was working as Headmaster in Primary School, Baddiha. He died in harness on 18.1.1989. Admittedly the petitioner was minor aged 13 years 7 months at the time of death of his father which took place in 1989. The petitioner made an application on compassionate ground, which was refused in terms of the impugned order dated 15.9.1995. The petitioner again filed a review petition, which was also rejected in 1998. However, this writ petition has been filed after 7 years from the date when the application for compassionate appointment was rejected.

(3.) IN the light of the decision of the Supreme Court and the Division Bench of the Patna High Court referred to hereinabove I respectfully doubt the correctness of the view taken by the learned Single Judge of this Court. Since sitting single I cannot take a different view and the judicial discipline demands that the matter should be referred to a Division Bench. 2002 (2) JLJR 405 and Suprakash Bhandari v. State of Jharkhand and Ors., 2003 Volume (1) JLJR 343.