BIJAY KUMAR MAHATO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-12-54
HIGH COURT OF JHARKHAND
Decided on December 09,2013

Bijay Kumar Mahato Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) IN view of the averments made in the application, this interlocutory application is allowed. The petitioner has approached this Court seeking direction upon the respondents for appointment on compassionate ground. The claim of the petitioner has been rejected by order dated 08.08.2012 which also has been impugned by the petitioner by filing I.A. No.8732 of 2013.
(2.) HEARD counsel for both the parties and perused the documents on record. The father of the petitioner was employed under the work charge establishment on the post of Godown Choukidar in the year, 1980 and he was shifted in the regular establishment on 13.08.1982. The father of the petitioner died on 03.07.2005 and thereafter, the petitioner made application seeking appointment on compassionate appointment. The petitioner has approached this Court in W.P.(S) No. 6665 of 2007 which was dismissed by order dated 25.11.2008 in view of the Full Bench Judgment of this Court reported in 2005(3) JCR 9 (F.B.). The Letters Patent Appeal preferred by petitioner was also dismissed by order dated 15.04.2009 however, a liberty was given to the petitioner to prefer a representation before the respondent no.2.
(3.) A counteraffidavit has been filed taking a plea that, since the father of the petitioner died on 03.07.2005 and a decision was taken by the Government on 16.07.2008 extending benefits to the dependents of the employee who was later on shifted to the regular establishment, the benefit under the said decision, cannot be extended to the petitioner.;


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