GREGORI SURIN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) No one appears for the petitioner. Learned counsel for the State is present.

(2.) Petitioner was appointed on Class-IV post on recommendation of the District Compassionate Appointment Committee vide letter dated 07.07.2010, Anneuxre-3 on the death of his father late Masih Surin a teacher in Government Primary School posted at Kodi, Block-Dumari, Disrict-Gumla, who died in harness on 26.08.2006. The Compassionate Appointment Committee meeting was held on 14.07.2009 which also had followed the procedure of subjecting such candidates having qualification of Intermediate and higher to screening test which the petitioner admittedly failed. This is also evident from the impugned reasoned order, Annexure-1 dated 23.02.2012 passed in pursuance of the direction issued in W. P. (S) No. 2469 of 2011 judgment dated 15.07.2011 in the petitioner's previous writ petition. Screening test was held to judge the competency of the candidates seeking compassionate appointment to Class-III post. Petitioner accepted Class-IV appointment as offered thereafter and has approached this Court taking a plea that on account of his higher qualification of graduation and certain other persons having been appointed on Class-III post as named in para-15 of the writ petition, petitioner would also be entitled for appointment/up-gradation to Class-III post. After reasoned order was passed and contempt petition was also dropped, it has been assailed in the present writ petition.

(3.) From perusal of the reasoned order itself, it is apparent that not only petitioner failed to compete in the screening test held for judging competency and suitability of Class-III post, but even in terms of the relevant provisions of the Government Circular dated 05.10.1991, a candidate, who has been granted compassionate appointment once, cannot be given the benefit twice by offering him appointment or change of cadre. Petitioner's case also is based upon an example of certain other persons named at para-15 of the writ petition, who were appointed on Class-III post.