DEEPAK KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mr. Jalisur Rahman, learned counsel for the State.

(2.) In this writ petition, the petitioner has prayed for a direction upon the respondents to appoint him from class-IV post to class-III post since he has the necessary qualification for being appointed to the said post. A further prayer has been made for setting aside the part of the decision taken by the District Compassionate Appointment Committee, Bokaro vide memo No. 12/Establish, dated 07.01.2008 by which petitioner has been appointed in a class IV post

(3.) Learned counsel for the petitioner has submitted that although the petitioner is highly qualified, but he was appointed in a class IV post and the person similarly situated, namely, Ashish Kumar Boral, has been appointed in a class-III post after the District Compassionate Appointment Committee has reviewed his case in terms of the order passed in W.P.(S) No. 6275 of 2006. It has further been submitted that the case of the petitioner is similarly situated to the said Ashish Kumar Boral and therefore it was incumbent upon the respondents to reconsider the case of the petitioner for his appointment from class-IV post to class-III post by setting aside the appointment on a class-IV post.