PRASHANT KUMAR MALLICK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia, prayed for quashing the order dated 30.03.2011, in pursuance of memo No.432 issued under the signature of Deputy Commissioner, Dhanbad whereby and where under the application of the petitioner to reconsider his case for compassionate appointment in grade-III post instead of grade IV has been rejected though he possesses the required qualification.

(2.) The factual exposition, as has been delineated in the writ application is that father of the petitioner died on 29.01.2005 during his service period and soon after the death of his father the petitioner applied for compassionate appointment before the concerned authority. It is also stated that the petitioner had passed matriculation examination in the year 1994 in the IIIrd Division and thereafter he passed intermediate in the year 1997. As it transpires from memo No.124 dated 22.02.2006 a meeting of District Compassionate Appointment Committee was held under the Chairmanship of Deputy Commissioner, Dhanbad and 17 applications were taken into consideration for compassionate appointment. The petitioner's case was considered and vide memo No. 1144 dated 03.07.2006 he was issued an appointment letter/joining letter under the signature of District Education Officer, Dhanbad for joining to the post of 'Adeshpal' in Azad Hind High School, Gomoh. In pursuance to the letter of joining the petitioner joined on grade IV post in Azad Hind High School, Gomoh and is still working. It has also been stated that the petitioner later on came to know that persons having lesser qualification were appointed on class III post by the Establishment committee and as such he filed a representation before the respondent to appoint him from grade-IV to grade-III. When the representation of the petitioner was not considered, he filed a writ petition before this Honourable Court as W.P.(S)No. 4235/2010 with a prayer to appoint him on class-III post.

(3.) The Honourable Court vide order dated 17.09.2010 disposed of the writ application with the following observations:-