SUJIT NARAYAN PRASAD,J. - (1.) These two intra court appeals are against the order dated 25.08.2018 passed in W.P.(S) No.2895 of 2016 and W.P.(S) No.2660 of 2016 by learned Single Judge of this Court, whereby and whereunder the writ petitions seeking quashing of the decision of the authority rejecting the claim for appointment in Class-III post on compassionate ground, has been declined to be interfered with by dismissing the writ petitions.
(2.) At the outset, it requires to refer herein that along with these two appeals, two other appeals being L.P.A. No.624 of 2018 and L.P.A. No.629 of 2018 have been listed for analogous hearing but this Court, in course of hearing has found certain distinguishable facts in L.P.A. No.624 of 2018 and L.P.A. No.629 of 2018, therefore, has decided to separate these two appeals from the and L.P.A. No.640 of 2018 and posted on other date for seeking some clarification, as would appear from the order which reads here under as: "Let affidavit be filed on behalf of State showing that what was the vacancy position of the concerned district on the date when consideration was being done with respect to Mr. Pramod Kumar and why at that point of time, the cases of these appellants could not be considered for appointment and also what was the vacancy position when the cases of the appellants were being considered. Post these cases on 10.02.2020."
(3.) This Court, deem it fit and proper to enumerate the factual aspects before entering into the legality and propriety of the decision of the learned Single Judge which reads hereunder as: Since these appeals are being decided by passing common order, therefore, the fact pertaining to both the cases is being referred herein separately. The father of the appellant namely late Bhawani Prasad Sinha died in harness on 20.06.2005 while working as Forest Guard in Koderma Forest Division. The appellant after the death of his father made an application for consideration of his candidature for appointment on compassionate ground. The case of the petitioner was considered in the meeting dated 27.12.2005 by the District Compassionate Appointment Committee, Koderma, wherein it was decided to appoint the petitioner and other dependants of the deceased employee including Shri Pramod Kumar on Class-IV posts as orderly in the office of Forest Division, Koderma. L.P.A. No.640 of 2018 The father of the appellant namely late Tara Shankar Rawat died in harness on 19.03.2004 while working as Clerk in the office of District Establishment, Deputy Collector, Koderma. The appellant made an application for consideration of his candidature for appointment on compassionate ground and in the meeting held on 27.12.2005 of the District Compassionate Appointment Committee, Koderma, it was decided to appoint the appellant and other persons on Class-IV posts as orderly in the office of the Civil Surgeon-cum-Chief Medical Officer, Koderma. Both the appellants joined their services and started discharging their duties. ;