J.C.S. Rawat, J. - (1.) THIS Writ Petition has been filed by the Petitioner for following relief: For issuance of a writ, writs, order/orders, directions/directions or a writ in the nature of mandamus commanding upon the Respondents to give job to Grade -III as a fresh appointee in Grade -III Post of the Jharkhand Police or in the State Govt. Cadre.
(2.) IN nut shell, the Petitioner's case is that the Petitioner is widow of Sub - Inspector of Police late Paras Nath Upadhayay who died on 6.10.1997 during his service tenure. The Respondent No. 4 allowed her family pension and the then State of Bihar appointed Mahavir Upadhayay -son of the Petitioner on compassionate ground on the post of 'Bal Arakshi'. The Petitioner's son had been possessing the certificate of Bihar Examination Board, Jharia since 1994. I have heard the learned Counsel for the parties and perused the record. Learned Counsel for the Petitioner contended that the Petitioner was appointed as 'Bal Arakshi' and thereafter, he was appointed as constable by the D.I.G., Ranchi. During the course of his employment, he also completed his graduation degree and thereafter he had sought the compassionate appointment on the basis of qualification which he had received during the course of employment. He further contended that according to the Circular, no suitable information regarding the availability of post was sought from the Department as contemplated in (Annexure -17) the writ petition, so he was not given befitting appointment under the Scheme of compassionate appointment. He further contended that at that time when he was offered the appointment, he was under the compelling circumstances to tide over the family, so he accepted the said appointment and that would not make any difference to seek further appointment on the higher post on compassionate ground.
(3.) LEARNED Counsel for the Respondents refuted the contentions and contended that he has also been appointed as Constable by the order of D.I.G. under the Scheme of compassionate appointment and now he cannot claim the appointment on other post only on the ground of die in harness of his father.;