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2018 DIGILAW 1854 (JHR)

Shankar Uraon v. State Of Jharkhand

2018-08-14

PRAMATH PATNAIK

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JUDGMENT Pramath Patnaik, J. - In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents to pay the petitioner the scale of clerk on which post he joined and has been working since 01.08.2010 in compliance of order of Regional Deputy Director, Health Services, South Chhotanagpur, Ranchi vide memo dated 25.05.2010. 2. The facts, as delineated in the writ application, in brief is that father of the petitioner was an Orderly in Leprosy Research and Training Institute, Brambey, who died in harness in the year 1993. After the death of his father, the petitioner, who was having Intermediate qualification applied for compassionate appointment and his name was recommended for appointment on the post of Clerk and thereafter, the District Establishment, Deputy Collector, Ranchi vide memo dated 26.08.1996 intimated the Civil Surgeoncum-Chief Medical Officer, Ranchi to issue appointment letter to the petitioner within a week as per the recommendation of District Compassionate Appointment Committee. However, the petitioner was appointed on the post of Ward Boy a class IV post in Leprosy Research and Training Institute, Brambey as there was no vacant post of Grade III. It has further been averred that by passage of time after retirement of one Sir Mokhtar Imam, Clerk in the office, as per the condition laid down in the recommendation letter 26.08.1996, the petitioner was appointed on the post of clerk vide memo dated 25.05.2010. It has further been averred that though the petitioner joined on the post of clerk on 28.07.2010 but he is still getting the scale of ward boy, on which, he was previously working. Aggrieved thereof, the petitioner represented to In-charge Medical Officer, Leprosy Research and Training Institute, Brambey but it turned deaf ear. 3. Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. L.C.N. Sahdeo, learned G.P. IV being assisted by Mr. Sandip Verma, A.C to learned G.P. IV as also by Mr. Rajesh Kumar Singh, A.C to learned G.P IV for the respondents-State. 4. Learned counsel for the petitioner submitted with vehemence that the District Establishment Deputy Collector, Ranchi vide memo dated 26.08.1996 unequivocally directed the Civil Surgeoncum-Chief Medical Officer, Ranchi to appoint the petitioner on Class III post and in case of unavailability of Class III post, adjust the petitioner on the said post in future. 4. Learned counsel for the petitioner submitted with vehemence that the District Establishment Deputy Collector, Ranchi vide memo dated 26.08.1996 unequivocally directed the Civil Surgeoncum-Chief Medical Officer, Ranchi to appoint the petitioner on Class III post and in case of unavailability of Class III post, adjust the petitioner on the said post in future. Learned counsel for the petitioner submitted that as a matter of fact in the year 1996 since there was no vacancy against Class III post, petitioner without any demur joined on the post of Class IV. But when the vacancy arose after retirement of one Sri Mokhtar Imam, Clerk in the said office, the petitioner was rightly appointed on the post of clerk vide memo dated 25.05.2010, but, even after that he was not granted the payscale of Clerk, which is against the principle of natural justice and also violative of Articles 14, 21 and 300 A of the Constitution of India. 5. As against this, learned counsel for the respondents submitted that it is a fact that Compassionate Committee recommended the petitioner for appointment on the post of Clerk, but since there was no vacant post, on the request of petitioner, he was appointed on compassionate ground on class IV post. It has further been submitted that it is settled law that once the petitioner appointed on compassionate ground the employ cannot be reappointed on any other post. Only, he may be promoted to the higher post, according to the rules and regulations. In the case at hand, the petitioner was appointed by R.D.D, south Chhotanagpur Division, Ranchi who has no authority to appoint any person on Class III post, as the post of Clerk in Leprosy Research & Training Centre, Brambey is under control of Director-in-Chief, Health Services and not under the control and authority of Regional Deputy Director, South Chhotanagpur Division, Ranchi as evident from letter dated 20.01.1992 of Health Department, Government of Bihar. Referring to the decision rendered in the case of Umesh Kumar Nagpal Vs. Referring to the decision rendered in the case of Umesh Kumar Nagpal Vs. State of Haryana and others , (1994) AIRSCW 2305, learned counsel for the respondents-State submitted that the Hon''ble Apex Court has time and again held that the whole object of granting compassionate employment is to enable the family of deceased government servant to tide over the sudden crises and the object is not to give a member of such family a post much less a post for post held by the deceased. Mere death of an employee in harness does not entitle his family to such source of livelihood. 6. On perusal of record, it appears that after death of father of petitioner in the year 1993, the District Establishment Deputy Commissioner vide letter dated 26.08.1996 recommended the name of the petitioner for appointment on compassionate ground on Class III post or on Class IV post, against the vacant post. Admittedly, at the relevant point of time no post of Class III was vacant, hence the petitioner was offered the Class IV post, which he accepted and joined on the said post and continued to serve as Ward Boy on the said post. 7. By passage of time, one Sri Mokhtar Imam, Clerk retired from the said office, against that vacant post the petitioner was appointed by the Regional Deputy Director, Health Services vide memo dated 25.05.2010 on the basis of averments made in the memo dated 26.08.1996 of District Establishment Committee to the effect that ^^-------fu;qfDr vkj{k.k vuqikr esa fjfDr ds fo:} gh dh tk, ;k ckn esa lek;ksftr dh tk,xhA** From plain reading of memo dated 26.08.1996 in its entirety, it is amply clear that it has been stated in different context as it only says that appointment shall be done according to reservation basis or shall be adjusted later. Even otherwise also, as per circular/letter dated 20.01.1992 of Health Department, Government of Bihar appointment on the post of Clerk in Leprosy Research & Training Centre, Brambey is under control of Directorin-Chief, Health Services and not under the control and authority of Regional Deputy Director, South Chhotanagpur Division, Ranchi and he has no authority to appoint any person on Class III post. 8. 8. Hence, there appears no illegality in not granting the scale of class III to the petitioner as the petitioner was offered the post of Class III de hors the Rules and furthermore, no benefit could be derived from the averments made in memo dated 26.08.1996 issued by the District Establishment Deputy Commissioner. Hence, petitioner is not entitled to get any relief, as sought for from this Court. 9. For the reasons aforesaid, the writ petition being devoid of any merit is dismissed.