Bikas Mahli vs State of Jharkhand and Others

S.J. Mukhopadhaya, A.C.J.

This writ petition has been preferred by the petitioner for direction on the respondents to consider his case for compassionate appointment.

According to the petitioner, his father late Mangal Ram was in the services of the State and died in harness on 12th July, 1995. The mother of the petitioner, thereafter, applied for compassionate appointment but it was not accepted by the respondents by letter dated 4th September, 1996 on the ground of overage. Thereafter, the mother of the petitioner sought for appointment of the petitioner when the respondents informed by letter dated 11th July, 2001 that they have agreed to provide employment to the petitioner.

The grievance of the petitioner is that though he was completed all the formalities and submitted his application but no final decision has been taken by the respondents.

Counsel for the State submits that the matter will be looked into and appropriate order may be passed, if so required.

In the facts and circumstances, the case is remitted to the Superintendent, T.B. Sanatorium, Itki, Ranchi with direction to take up the matter with the competent authority including the Civil Surgeon-cum-Chief Medical Officer, who in their turn, will decide the claim by a reasoned order and communicate the ground of the decision taken to the petitioner, within four months from the date of receipt-production of a copy of this order.

It may be mentioned that this Court has not determined the question whether the petitioner is eligible or entitled for compassionate appointment or not.

This writ petition stands disposed of, with the aforesaid observation/directions.