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2016 DIGILAW 57 (JHR)

Dhiraj Kumar Dubey v. State of Jharkhand

2016-01-07

PRASHANT KUMAR

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ORDER : 1. This application has been filed for quashing the order dated 31.05.2013 contained in Memo No. 260 (Annexure-10) issued by the District Compassionate Committee, Sahebganj, whereby and whereunder the claim of the petitioner for appointment on the compassionate ground has been rejected. 2. It appears that the petitioner's father was working as Additional Clerk in the office of Sub-Registrar, Sahebganj and while working so, he died on 13.10.2002. It appears that petitioner's mother filed an application before the Additional Registrar, Sahebganj for providing employment to her eldest son (petitioner). However, the District Compassionate Committee not considered the case of the petitioner. Thereafter, the petitioner filed a writ application in this Court vide W.P. (S) No. 5833 of 2003. The aforesaid writ application disposed of by a Bench of this Court vide order dated 04.07.2012, with the following direction:- “In view of the notification dated 3rd April, 1992, Annexure-5 to the writ petition, the petitioner is entitled to be considered for appointment on compassionate ground on account of death of his father in harness. However, in the absence of any material as to whether posts of additional clerks has been discontinued, as in the State of Bihar, this Court is unable to issue specific direction to the respondents. Therefore, in peculiar facts and circumstance of this case, it would be just and proper to direct the District Compassionate Committee to take a decision on the application of the petitioner in the light of Annexure-5 to the writ petition. If need be petitioner shall be provided sufficient time to complete the application or to place on record such other material which Committee requires. District Compassionate Committee may consider for providing appointment on compassionate ground to the petitioner, if posts of additional clerk are still available within the State of Jharkhand. Entire exercise may be completed by the District Compassionate Committee within 90 days from the date a certified copy of the order is served upon the Committee.” 3. In view of the aforesaid direction, petitioner filed application before Deputy Commissioner, Sahebganj for his appointment on compassionate ground. It appears that the prayer of the petitioner considered by the District Compassionate Committee, Sahebganj on 16.05.2013. However, his prayer rejected, because at present there is no provision for taking work from additional clerk in Registration Office. In this writ application, the petitioner has challenged the aforesaid decision of the District Compassionate Committee. It appears that the prayer of the petitioner considered by the District Compassionate Committee, Sahebganj on 16.05.2013. However, his prayer rejected, because at present there is no provision for taking work from additional clerk in Registration Office. In this writ application, the petitioner has challenged the aforesaid decision of the District Compassionate Committee. 4. Sri Mahesh Tewari, learned counsel for the petitioner submits that this Court has held that petitioner is entitled for appointment on compassionate ground in view of the notification dated 3rd April, 1992. He further submits that it is clear from Annexure-10 that till 2005 the post of additional clerk exists in the State of Jharkhand. He then submits that the petitioner filed application for compassionate appointment in the year 2002. Thus, on the date of his application the aforesaid post exists. Hence, petitioner is entitled to be appointed on the said post in view of the notification of 1992. Accordingly, Sri Tewari submits that the decision of the District Compassionate Committee is not correct, therefore liable to be quashed. 5. On the other hand, J.C. to G.P.-I, submits that this Hon'ble Court in its order dated 04.07.2012 has directed District Compassionate Committee to consider the case of petitioner for appointment subject to the condition that the posts of additional clerk are still available within the State of Jharkhand. He submits that the aforesaid order was passed by this Hon'ble Court on 04.07.2012. Thus, according to that order, if till the year of 2012 the post of additional clerk is available, then only the petitioner can be appointed as additional clerk on the compassionate ground. Learned counsel submits that since now there is no provision for taking work from the additional clerk in the Registration Department, therefore, the petitioner is not entitled for appointment on the compassionate ground. Accordingly, learned counsel submits that there is no illegality and/or irregularity in the decision of the District Compassionate Committee. 6. Having heard the submissions, I have gone through the record of the case. As noticed above, this Court vide order dated 04.07.2012 gave direction to the District Compassionate Committee to consider the case of the petitioner for providing appointment on compassionate ground, if the post of additional clerk are still available, within the State of Jharkhand. The aforesaid order was passed by this Court on 04.07.2012. As noticed above, this Court vide order dated 04.07.2012 gave direction to the District Compassionate Committee to consider the case of the petitioner for providing appointment on compassionate ground, if the post of additional clerk are still available, within the State of Jharkhand. The aforesaid order was passed by this Court on 04.07.2012. In that view of the matter, if till 2012 in the Registration Department of the State of Jharkhand the work is being taken from the additional clerk then only the petitioner is entitled for appointment. From perusal of Annexure-10, I find that the District Compassionate Committee gave a finding that at present there is no provision for taking work from the additional clerk in the Registration Department. 7. However, it is submitted by Sri Mahesh Tewari, that from perusal of Annexure-13, it is clear that still two permanent posts of Clerk and two temporary posts of Clerk are vacant under the Additional Registrar, Sahebganj. He further submits that it is an admitted position that in the year 2005 all additional clerks were absorbed as Clerks in the Registration Department. Thus, now the petitioner can be appointed on the post of Clerk on compassionate ground. 8. The aforesaid submission of Sri Tewari cannot be accepted because this Court has directed the District Compassionate Committee to appoint the petitioner on the post of additional clerk as per notification dated 03.04.1992. Therefore, in my view, as per the above notification, petitioner cannot claim himself to be appointed as a clerk either on permanent post or temporary post. Under the aforesaid facts and circumstances, the petitioner is not entitled to be appointed on compassionate ground as per the notification dated 03.04.1992. 9. In view of the discussions made above, I find no merit in this writ application. Accordingly, this writ application is dismissed.