SHANKAR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties finally.

(2.) MR . A. Allam, learned Counsel appearing for the petitioner submitted as follows. The petitioner is entitled Equivalent Citation:2007 -JCR -4 -485 to compassionate appointment in place of his father late Basant Prasad who died on 15.9.2004. No decision has been taken by the respondents pursuant to the order passed by this Court in W.P. (S) No. 1890 of 2006 on 22.6.2006 filed by the petitioner for the selfsame relief. It is true that when the petitioner's father died, he was not confirmed, but similarly situated persons moved this Court and order was passed for their confirmation and the same was confirmed up to the Supreme Court which will appear from the order of the Supreme Court dated 6.3.2006 (Annexure 12). One Sarita Devi, who was also similarly situated, has been given compassionate appointment The appointments made by the Joint Commissioner, Commercial Taxes were found to be valid by a committee in its report.

(3.) IT appears from Annexure 2 that the petitioner's father Late Basant Prasad was appointed on 27.6.1980 temporarily by one Mr. Durga Prasad, the then Joint Commissioner, Commercial Taxes, Jamshedpur Circle, Jamshedpur, and died on 15.9.2004 working as such. The petitioner applied for compassionate appointment on 30.11.2004. As no decision was taken on his application, he filed the said writ petition -W.P. (S) No. 1890 of 2006 which was disposed of on 22.6.2006 on the first dale, noting the submission of the petitioner, without counter affidavit with a direction to respondents No. 3 and 4 therein - - Deputy Commissioner, Department o Commercial Taxes, Adityapur Anchal, Jamshedpur and Deputy Commissioner, Jamshedpur to consider the petitioner's representation within two months from the date of receipt/production of a copy of the order. The petitioner thereafter filed a representation.