SHASHI KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) THE grievance of the petitioner is that the matter relating to compassionate appointment has been kept pending as evident from the letters dated 14.10.2008 and 28.8.2009, Annexures -4 and 10 respectively issued by the Commercial Tax Department inter alia on the ground that the services of the father of the petitioner was not confirmed and was being treated irregular. The matter is pending at the level of the State Government. It appears that though the matter has been remain pending since 2009, but the State authorities have not yet taken any decision in the matter. On the last occasion, vide order dated 25.9.2013 after taking into account the relevant submission of the parties, the matter was adjourned in order to give one more indulgence to the respondent -State to come out with their specific stand, if necessary, after obtaining necessary information from the counterpart State of Bihar as well. The said order dated 25.9.2013 is quoted hereinbelow: -

(3.) IT , therefore, appears that the respondents are still keeping the matter pending on one pretext or other though the appointment of the father of the petitioner is related to the year 1975 as stated by the petitioner relying upon Annexure -5 series, the extracts of the service book. Learned counsel for the petitioner submits that cases of such dependants were taken into account in similar circumstances pursuant to the order passed by the Patna High Court in CWJC No. 7771 of 2005 and LPA No. 77 of 2006 Annexures -5 and 6 respectively. The cases of such dependants of similarly situated persons were considered and compassionate appointments were also granted to them, however with a condition that if the decision is taken otherwise in the matter of appointment of his deceased father, his appointment could be cancelled. Learned counsel for the petitioner submitted that the petitioner's case would be considered in similar manner, if necessary by imposing similar conditions.