- (1.) Heard Learned Counsel For The Parties.
(2.) Petitioner completed the tenure of Bal Police on which he was appointed on compassionate ground on the death of his father, Late Devendra Tripathi, Sub Inspector of Police, who fell Martyr in a terrorist attack while serving in Chaibasa District Police Force. He has been offered to apply for being considered for appointment as a Constable by the respondents through Memo no. 2602 dated 15th July, 2010. Petitioner, however, has chosen to seek appointment on the post of Clerk on compassionate ground after he attained the age of 19 years by preferring the instant writ petition in 2013. Annexure1 is Police Order no. 209/1988 relating to appointment of Bal Police on the death of police personnel during the course of their duty or in encounter. Petitioner was also appointed under the provisions of Police Order which at Clauses 7 & 8 provides that after completion of 19 years, the tenure of Bal Police would come to an end and if such person is interested and fulfills the necessary physical tests and measurements and possesses the educational qualification, he can be considered for appointment as a Constable.
(3.) Learned Senior Counsel For The Petitioner Has Cited The Instance Of one Dev Priyo Ghosh who was directed to be appointed on the post of Clerk by the order of Inspector General of Police (Personnel), Jharkhand through Memo no. 1082 dated 23rd June, 2006 in Chaibasa District Police Force . He has also referred to the case of one Amlesh Singh whose claim for compassionate appointment on a ClassIII Post was also approved by Home Department through Memo no. 3588 dated 16th November, 2005 in Chaibasa District (Annexure4 Series).;