MD. ADIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) A counter affidavit has been filed on behalf of the respondents -State duly sworn by the Assistant Settlement Officer, Dumka. It has been stated inter alia that the father of the petitioner late Samsad Hussain was appointed as peon (IVth grade post) on temporary basis on 15.5.1979 and prior to this he was appointed as Chainman in the year 1978 by the then Settlement Officer, Sri Maheshwar Patra. It is further stated that the said Settlement Officer, Sri Maheshwar Patra made several illegal appointments and the appointment of the father of the petitioner was one of them and ultimately by an office order dated 8.4.2000, contained in Annexure -A to the counter affidavit, The Commissioner -cum -Secretary has directed the Settlement Officer, Dumka, that the Government has decided to terminate all the Illegal and irregular appointments made by Sri Maheshwar Patra, the then Settlement Officer, Dumka. Relying on the said letter the learned counsel for the State submitted that since the appointment of the father of the petitioner itself was illegal and, therefore, the petitioner is not entitled for appointment on compassionate ground.

(3.) IN this view of the matter, this writ application is being disposed of by giving liberty to the petitioner to file a representation before the respondent no.2, Deputy Commissioner -cum -Settlement Officer, Dumka stating in detail about his claim along with supporting documents, if any, within a period of two weeks from today. If such a representation is filed by the petitioner within the said period, the Deputy Commissioner -cum -Settlement Officer, Dumka, shall consider the claim of the petitioner and pass an appropriate reasoned order in accordance with law within a period of 8 weeks thereafter.