BHUPENDRA NATH MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that petitioner has been given a compassionate appointment on 15th of February, 2006 as Class IV employee whereas the recommendation of the Compassionate Appointment Committee was for the appointment of the present petitioner on Class III post. The said recommendation is dated 30th of November, 2004 (Annexure -1 to the memo of petition). Despite this recommendation for the reasons best known to the respondents, the respondents have appointed the present petitioner on Class -IV post on the ground that there is a ban of appointment of Class -III posts and, therefore, a letter was taker: from the petitioner that as there is a ban of appointment upon Class III post, petitioner is ready to be appointed on Class -IV post.

(2.) LEARNED Counsel appearing on behalf of the respondents has submitted that there are two affidavits filed on behalf of respondents, one affidavit says that there was no vacancy of Class -III post and, therefore, present petitioner was appointed as a Class -IV employee. The said affidavit has been filed by Karma Minj, S/o Late Madi Minj, Resident of Latehar, District Superintendent of Education, Latehar. Para -10 of the said affidavit reads as under: That with regard to the statement made in Paragraph -10 and 11 of the writ application the deponent humbly states thit decision taken by the District Compassionate Committee dt.30.11.2004 forwarded for appointment of the petitioner as Clerk but at this time no one post of Clerk vacant in office of the District Superintendent of Education, Latehar, therefore, petitioner appointment on Class IV Post. Second Affidavit has been filed by one Shri Shekhar Kumar, S/o Late K.L. Das Verma, Resident of Doranda, Ranchi, posted as Under Secretary, Human Resource Development Department, Ranchi. In Paragraph -8, he has stated as follows: That it has also been mentioned in the tetter dated 22.07.2009 of R.D.D.E., Palamau, that though vacancies of Class -3 were available after 30.11.2004 but recruitment on the same was banned by Director, Secondary Education vide his letter No. 1078 dated 27.04.2005 as such no appointment in Class HI post was made.

(3.) HAVING heard learned Counsels for both the sides and looking to the facts and circumstances of the case, it appears that: