ABHISHEK KUMAR SAH, SON OF LATE RAJ KUMAR SAH, RESIDENT OF Vs. THE STATE OF JHARKHAND THROUGH SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has filed the instant writ petition with a prayer to quash the decision as contained in Memo No. 680/Establishment, Deoghar dated 27.08.2012, by which claim of the petitioner for appointment on compassionate ground has been rejected as being time barred.

(3.) The factual exposition as has been delineated in the writ application is that petitioner's father Raj Kumar Sah was a Class-IV employee posted at Referral Hospital, Madhupur (now Subdivisional Hospital) who died in harness on 02.11.2006. At the relevant time petitioner was minor and as such, his mother Shyama Devi applied for compassionate appointment which was recommended by the Incharge Medical Officer, Referral Hospital, Madhupur vide letter no. 230 dated 19.12.2006. The matter was considered by the Civil Surgeon-cum-Chief Medical Officer, Deoghar vide Annexure 4 and a direction was given to the Incharge Medical Officer, Madhupur for production of certain documents required for consideration of case for appointment. Unfortunately, petitioner's mother died on 01.06.2007 before she could be appointed and the matter remained pending. Thereafter, the petitioner made a representation on 11.02.2010 along with required documents and certificates. Shilpi Rani, younger sister of the petitioner was minor at the relevant time and as such petitioner is the only legal heirs of Late Raj Kumar Sah and her wife Shyama Devi. Petitioner comes from backward class and comes under below poverty line having annual income assessed by the Circle Officer as Rs.24,000/per annum. Though the petitioner had submitted his application on 11.02.2010 for appointment on compassionate ground but he was asked to bring Succession Certificate by the office of Civil Surgeon - cum - Chief Medical Officer, Deoghar. The petitioner preferred Succession Certificate Case No. 5 of 2010 which was allowed on 19.01.2010. Thereafter, petitioner filed an application on 30.04.2012 before the Deputy Commissioner, Deoghar, giving entire details. The process of appointment was initiated and the petitioner was asked to appear in Computing Typing Examination to be held on 16.08.2012. In its meeting dated 17.08.2012 under the Chairmanship of Deputy Commissioner, Deoghar, the prayer of the petitioner for appointment on compassionate basis has been rejected in view of letter no. 2822 dated 27.04.1995, issued by Personnel and Administrative Reforms on the ground of delay. Said information has been communicated to the petitioner vide memo no. 680/Establishment dated 27th Aug., 2012.