STATE OF JHARKHAND Vs. VED PRAKASH BHAGA

JUDGEMENT

(1.) Heard learned counsel for the appellant and the respondent on the prayer for condonation of delay of 105 days in preferring the memo of appeal, made through I.A. No. 10723 of 2018.

(2.) Learned counsel for the appellant State submits that there are no willful or deliberate laches in preferring the memo of appeal. After obtaining the certified copy of the impugned judgment and preparation of the grounds of appeal, on approval of the competent authority, memo of appeal was drafted and filed.

(3.) It is submitted that learned Single Judge has set aside the decision of District Compassionate Appointment Committee dated 26.12.2017 rejecting the claim of the writ petitioner and directed the Deputy Commissioner, Pakur - Respondent no.2 to take necessary steps for assessing suitability of the petitioner and if he is found fit, issue necessary directions for his appointment on a suitable post, within two months. It is further submitted that on admitted facts, the petitioner had attained the age of 17 years 11 months and 20 days on the last permissible date when an application for compassionate appointment could be submitted. However, on the date when decision was taken by the Committee i.e., 26.12.2017, petitioner had attained the age of 18 years. It is submitted that the relevant date to reckon the eligibility of the applicant is the date of application of that applicant provided it should be made within the prescribed period of 5 years from the date of death of the employee. In the instant case petitioner's mother died in harness on 5th February 2012 while working as Assistant Teacher in Harischandra Middle School, Pakuria, Pakur. At the time of expiry of prescribed period of 5 years from the date of death, writ petitioner was minor. However, the writ court, by relying upon the decision of the Apex Court in the case of Madan Singh Shekhawat Vrs. Union of India and others reported in (1999) 6 SCC 459, was of the view that such beneficial provision ought to be interpreted liberally so as to give a wider meaning rather than a restrictive meaning.