KRIPESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 2939 of 2017

(2.) In the instant writ petition, the petitioner has inter alia prayed for issuance of writ of certiorari for quashing the orders dated 09.02013 and 09.07.2013 passed by the Personnel Department and District Establishment Committee respectively. Further prayer for writ of mandamus directing the respondents to offer letter of appointment to the petitioner on any suitable post on compassionate ground.

(3.) The father and mother, both were Assistant Teachers in different schools. The Father of the petitioner was working as Assistant Teacher at Middle School, Barala, Bishnugarh, Hazaribagh from where he superannuated with effect from 30.09.2008. The father of the petitioner is an old ailing person suffering from various diseases. The mother of the petitioner, who was working as Assistant Teacher at Girls Primary School, Kariathpur, Ichak, Hazaribag, died in harness while in service on 107.2011, leaving behind her husband namely, Kashi Vishawanath and his son (petitioner) which also find support from the certificate issued by the Circle Officer, Sadar, Hazaribagh dated 10.08.2011. Upon the death of his mother, on 29.10.2011, the petitioner applied for appointment on compassionate ground in her place. Thereafter, respondent-authorities vide its letter dated 09.02.2013 has opined that the petitioner is not entitled for appointment on compassionate ground on the ground that parents of the petitioner were employed and the pensionary benefit has regularly been received by the father of the petitioner. It is the case of the petitioner that the District Establishment Committee, relying upon the decision of the Personnel Department in its meeting convened on 09.07.2013, has rejected the claim of the petitioner for appointment on compassionate ground and hence, this writ petition has been filed.