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2009 DIGILAW 898 (JHR)

Menges Bakhla v. State of Jharkhand

2009-06-27

D.G.R.PATNAIK

body2009
JUDGMENT : Heard the learned counsel for the petitioner and the respondents. The petitioner in this application has prayed for issuance of a direction to the respondents to give him compassionate appointment on the basis of service of his father who died in harness on 14.7.2006. Learned counsel for the petitioner explains that the petitioner’s father was employed as a teacher in the Rajkiya Prathmic Vidyalaya, Bharno, in the district of Gumla, and he died in harness on 14.7.2006. Thereafter the petitioner being the son of the deceased submitted his application along with an affidavit requesting for his compassionate appointment in accordance with the rules of the Government Learned counsel explains further that the petitioner’s case was considered by the compassionate appointment committee and the Deputy Commissioner being member of the committee, had issued a direction to the District Education Officer and the District Superintendent of Education, Gumla, to appoint the petitioner in a class IV post in the Education Department. The petitioner’s grievance is that in spite of the petitioner’s eligibility and the recommendations made by the committee, he has not been appointed and after waiting for a considerable period when the petitioner was not granted appointment, he was constrained to file the present writ petition. In support of his submission, learned counsel refers to the minutes of the meeting of the District Compassionate Committee (annexure 3) wherein the name of the petitioner finds place at serial no.11. Learned counsel for the respondent State is present. Though no counter affidavit has been filed on behalf of the respondents, but as appear from various annexures to the writ petition, including the copy of the minutes of the compassionate committee, wherein the petitioner’s name finds at serial no. 11 with endorsement/recommendation for appointment to class IV post, there appears a genuine grievance of the petitioner which has been expressed in this writ petition. Considering the aforesaid facts and circumstances, the respondents, particularly respondents 3and 4 are directed to consider the petitioner’s claim in the light of the recommendation of the district compassionate appointment committee in favour of the petitioner and to take an appropriate decision on the same by passing a reasoned and speaking order and communicate such decision effectively to the petitioner within two months from the date of receipt/production of a copy of this order. In the event the petitioner is found entitled to grant of compassionate appointment as per recommendation of the committee the respondents shall take all appropriate measures for appointment of the petitioner in class IV post as per recommendation against existing vacancies in the department concerned. With the above observation, this application is disposed of. Let a copy of this order be given to the learned counsel for the respondents.