Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 822 (JHR)

Avinash Alfred Marandi v. State Of Jharkhand

2017-05-05

S.N.PATHAK

body2017
JUDGMENT S.N. Pathak, J. - Petitioner has approached this Court with a prayer to appoint him on compassionate ground on a suitable post as per availability of post and his qualification. Factual Matrix 2. The father of the petitioner died on 18.04.2015 in harness. He left behind him his wife and two sons which is evident from family relationship certificate issued by the Block Development Officer, Giridih. After death of the deceased employee, the petitioner (son), filed representation for appointment on compassionate ground vide representation dated 03.11.2015 which was duly forwarded on 04.11.2015. The petitioner along with his representation has also submitted educational certificates, Character certificate etc. After verifying the said certificates some discrepancies were pointed out by the respondents and accordingly a direction was given to the petitioner to submit all the documents. Thereafter, the petitioner submitted all the required documents and affidavits as demanded by the respondent authorities. Vide letter No. 175 dated 02.02.2016, once again some other certificates was asked from the Controlling Officer of the deceased employee. After getting such information, the petitioner approached before the concerned respondent authorities and submitted all the relevant documents which were available to him and the same has been forwarded vide letter no. 273 dated 13.02.2016. The petitioner filed several representations, but no order has been passed by the respondents, hence, this writ petition has been preferred. 3. Learned counsel for the petitioner strenuously urged that though petitioner''s case has been recommended by the respondents, but, it is still pending before the Home Department and neither any action has been taken nor any order has been passed. Learned counsel for the petitioner further submits that the petitioner deserves to be appointed on compassionate ground as he fulfilled all the required criteria for appointment on compassionate ground. 4. Mr. Anshuman Kumar, J.C. to A.G. fairly submits that though no counter affidavit has been filed but respondents undertake to pass a reasoned order on the representation of the petitioner. 5. Be that as it may, having gone through the rival submissions of the parties, this Court is of the view that the case of the petitioner needs consideration. The respondents are directed to take a decision on the representation of the petitioner and particularly respondent no. 3 The Principal Secretary, Department of Home, Govt. 5. Be that as it may, having gone through the rival submissions of the parties, this Court is of the view that the case of the petitioner needs consideration. The respondents are directed to take a decision on the representation of the petitioner and particularly respondent no. 3 The Principal Secretary, Department of Home, Govt. of Jharkhand, Ranchi is hereby directed to pass a reasoned order/take a fresh decision on the representation of the petitioner which is pending before the concerned department for consideration. Let the entire exercised be done within a period of six weeks'' from the date of receipt of copy of this order. 6. Needless to say that if decision is taken in favour of the petitioner appointment letter be issued within a further period of four weeks'' from the date of passing of the said order. 7. Accordingly, writ petition stands disposed of.