KAULESHWAR PRAJAPATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ petition has been made for an appropriate writ in the nature of Mandamus commanding upon the respondents to consider the petitioner's case for appointment on compassionate ground and to pay his share in retiral dues and in the arrears of salary which was legally payable to his deceased father within a specified period.

(2.) THE petitioner's case is that his father was a permanent Class -IV employee in the Soil Conservation Department under the respondents and was posted at Hazaribagh. The petitioner's father was put under suspension on 18.9.1996. He challenged the said order of suspension in this court by filing a writ petition being W.P.(S) No. 3057 of 2002 which was disposed of by order dated 5.9.2002 and order of suspension of petitioners father was revoked, and respondents were directed to pay the arrears of subscription allowance to the petitioners father after adjusting the maintenance allowance. It was further directed to pay the maintenance amount to his wife.

(3.) IT is contended that under the Hindu Succession Act, 1956 the first widow and her son have share in the movable and immovable properties left by the deceased father and likewise the five children, including the petitioner, of the second wife are also entitled to equal share in the properties of the deceased. It is further contended that son of the first wife did not claim any appointment on compassionate ground and the petitioner only has made application in the prescribed form for his appointment on compassionate ground. Since no other application has been filed by any of the heirs and successor of the deceased, the respondents have to consider the petitioner's representation for his compassionate appointment. The petitioner has claimed the benefit of compassionate appointment under the scheme adopted earlier by the Government of Bihar and now by the State of Jharkhand for grant of appointment to the heirs of deceased employee on compassionate ground.