- (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: - "The petitioner had earlier approached this Court for directing the respondents to consider his case for compassionate appointment in W.P.(S) No. 456 of 2008, which was disposed of on 11.7.2008 by directing the respondents authorities to decide his representation. It is the contention of the petitioner that his father, a Clerk in the office of Commercial Taxes Department, Government of Jharkhand, died -in -harness on 22.2.2006. However, the case of the petitioner has been kept pending by the respondents as would appear from Annexure -10 dated 28.2.2009 issued by the Additional Commissioner, Commercial Taxes Department, Government of Jharkhand, Ranchi on the ground that such appointments between the period of 12.7.1979 to 22.12.1980 were found to be irregular by the Government and the matter is pending decision before the Government. Learned counsel for the petitioner relies upon a judgment contained at Annexure -6 passed in C.W.J.C. No. 7771 of 2005 by the Patna High Court as also the judgment contained at Annexure -7 in L.P.A. No. 77 of 2006 to submit that cases of such dependents of similarly situated were considered and compassionate appointments have also been granted to them. Learned counsel for the petitioner has also brought on record such an order of compassionate appointment issued to one Sri Pankaj Kumar son of late Akshay Kumar, retired peon in the office of Assistant Commissioner, Commercial Taxes Department, Siwan Circle, Bihar, who has been granted compassionate appointment, however, subject to the condition that if the decision is taken otherwise in the matter of appointment of his deceased father, his appointment shall be cancelled. In such circumstances, it is stated that the State of Jharkhand should also consider the case for compassionate appointment of the petitioner. Counsel for the respondents submits that such decision is awaited from the State of Bihar to which repeated correspondences have been made. In such circumstances, the respondent -State of Jharkhand is allowed one more indulgence to come out with their specific stand, if necessary, after obtaining necessary information from the corresponding State of Bihar. Accordingly, four weeks time is allowed to the respondents. Let the case appear after four weeks on 30.10.2013." In the supplementary counter affidavit filed thereafter, though detailed chronology of events has been disclosed at para -9, but it is once again stated that the file relating to one time regularization of the irregular appointees is awaiting vetting by the Finance Department. In the circumstances, the department is not in a position to take a final decision in the matter of regularization of Class -III and IV appointees for the period 1979 to 1981 till the finalization of such scheme. In such circumstances, the services of the petitioner for compassionate appointment cannot be decided.
(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.;