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High CourtsSingle Bench(2005) 02 JH CK 0064

Tarani Gope vs State of Jharkhand and Others

Jharkhand High Court · Decided on 25 February 2005 · Citation: (2005) 2 JCR 368a

HON’BLE JUDGES
S.J. Mukhopadhaya, Acting C.J.
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No. 813 of 2005

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Judgment

8 paragraphs · 344 words

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

1.

This application has been preferred by the petitioner for compassionate appointment against Class IV post. According to him, his father (late) Kolai Gope, who was in the services of the State, died in-harness, while posted in Government Plus 2 School, Chalbasa. According to the petitioner, his father was initially appointed as Akasmik Bhritya (Contingent Menial) and later on taken against Class IV post of peon.

2.

He placed reliance on the service book of his father and certain orders, issued in favour of other persons, stated to be similarly situated like late Kolia Gope. It is stated that they were also earlier appointed as Akasmik Bhritya (Contingent Menial) and later on regularized against Class IV posts of peon.

3.

Counsel for the respondents rightly pointed out that there is nothing on the record to suggest that late Kolai Gope was given appointment against Class IV post of peon. From the service book. It appears that he was appointed vide Memo No. 6866 dated 25th May, 1970 as Akasmik Bhritya (Contingent Menial) in the Zila School, Chaibasa.

4.

In the cases of others, formal orders of regular appointment on temporary basis against Class TV posts were issued on 8th November, 1978 but there appears to be no such formal order, having been issued in respect to father of the petitioner.

5.

Counsel for the petitioner submitted that the father of one Sri Shiv Mukhi, namely, Lakhan Mukhi, was also an Akasmik Bhritya (Contingent Menial) in Government + 2 High school, Seraikella and after his death, his son has been provided compassionate appointment by order dated 17th December, 2002, as contained in Annexure-3 to this writ petition.

6.

However, such submission can not be accepted as there is no provision to make compassionate appointment of the dependant/ward of a Contingent Menial. The Contingent Menial has no right to claim appointment against a regular post of peon and, thereby, the question of his dependent, claiming appointment on compassionate ground, does not arise.

7.

There being no merit, this writ petition is hereby dismissed.