- (1.) HEARD the parties.
(2.) COUNSEL for the respondents submitted that the Government of Jharkhand has not yet framed any policy decision for appointment of Class -IV employees. It is submitted that the case of petitioner has been considered and rejected on one of the grounds that the petitioner produced two certificates on which two different date of birth has been shown. It is not in dispute that the petitioner is the son of deceased Bishun Gope, who was a peon in the Education Department of the State under non -formal Education, Hazaribagh. It is accepted that the Government of Jharkhand has not yet framed any policy decision for appointment against Class -IV post and, thus, the letter no. 3577 dated 25th April, 1997 issued by the Government of Bihar, Patna has not been adopted. In the aforesaid background the respondents should not have rejected the claim of petitioner on the basis of the Government of Bihar's letter no. 3577 dated 25th April, 1997, nor could have rejected on the ground that there are two dates of birth in two different certificates. They should have considered the case (If petitioner for appointment against Class -IV post on the basis of the general guideline as was followed since 1980 i.e. whether he is literate, having knowledge of cycling or not and which of the date of birth they will accept as authentic and to be relied upon.
(3.) IN this background, the order contained in Memo No. 974 dated 28th June, 2002 passed by the Regional Deputy Director of Education, North Chotanagpur Division, Hazaribagh is set aside and the case is remitted to the respondents for reconsideration of case of petitioner for appointment on compassionate ground taking into consideration the earlier recommendation, if any made by one or other Committee within two months from the date of receipt/production of a copy of this order.;