DHIRAJ KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved of order dated 07.01.2016 passed in W.P.(S) No.6339 of 2013, whereby the writ petition was dismissed, the present Letters Patent appeal has been filed.

(2.) Referring to order dated 04.07.2012 in W.P.(S) No.5833 of 2003, Mr. Mahesh Tewari, the learned counsel for the appellant-writ petitioner (hereinafter referred to as petitioner) submits that the decision taken by the District Compassionate Committee on 31.05.2013 is patently erroneous inasmuch as, the availability of the post of additional clerk was to be ascertained on the date when the petitioner invoked the jurisdiction of this Court. It is submitted that the respondents have admitted that till 2005 the post of additional clerk was existing in the State of Jharkhand and therefore, the petitioner is entitled for appointment on the compassionate ground.

(3.) The facts disclosed in the present proceedings reveal that the father of the petitioner was working as additional clerk in the office of Sub-Registrar, Sahebganj and he died in harness on 13.10.2002. When the application filed by the petitioner's mother for providing employment to the petitioner was not considered by the District Compassionate Committee, the petitioner approached this Court in W.P.(S) No.5833 of 2003. During the course of hearing, to a pointed query from the Court whether there is a scheme for appointment on compassionate grounds, the learned counsel for the petitioner referred to letter dated 03.04.1992 of the Government of Bihar, vide annexure-4, to submit that had the petitioner been enlisted in the waiting list, he could have been employed and subsequently regularised in service as was done in the year 2005.