NARESH BAITHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with following prayers:-

(3.) The father of the petitioner namely, Sohrai Baitha was appointed as an Assistant Teacher on 28.1.1976 and posted at Government Middle School, Simala, Kanke Block in the district of Ranchi. The father of the petitioner became traceless since 1.7.2000 and when his was not traced out, a Sanha was registered vide Sanha No. 211 of 2000 in Ratu Police Station. It is further stated that the mother of the petitioner has also been killed by the unknown miscreants for which Ratu P.S. Case No. 52 of 2005, has been instituted. The petitioner filed several representations for his appointment on compassionate ground but when no action was being taken, he moved before this Hon'ble Court vide W.P.(S) No. 5502 of 2006, which was disposed of on 12.5.2009, with a direction to consider the case of the petitioner taking into consideration the law laid down in W.P.(S) No. 4848 of 2002 dated 13.9.2003 and also taking into consideration the several provisions of Indian Evidence Act. In compliance of the said order, the petitioner filed a fresh representation before the Authorities regarding the orders of the Hon'ble High Court but when no action was taken by the respondents, than the petitioner was compelled to file a contempt application, in which the respondents-authorities filed a show-cause stating therein that the case of the petitioner regarding compassionate appointment has been rejected vide order dated 5.2.2016 and hence, this writ petition has been filed challenging the order of rejection.