- (1.) Prayer in this application is for quashing the order dated 10.11.2012 issued by the respondent No. 2, whereby and whereunder, the application for appointment on compassionate ground to the suitable post of clerk has been rejected. It has further been prayed that after quashing the order dated 10.11.2012 issued by the respondent No. 2, a direction be given to the respondents to consider the appointment of the petitioner on class III post on compassionate ground, as similarly situated persons have already been given such benefits.
(2.) The petitioner applied for appointment on compassionate ground on the death of his father, namely, Ramchandra Prasad Singh who was working as an Assistant Teacher in Rajkiya Primary School, Tetariyadih in the District of Koderma and died in harness on 23.4.2003. The District Compassionate Appointment Committee, Koderma considered the case of the petitioner in its meeting held on 27.12.2004 and ultimately took a decision to appoint the petitioner on a class IV post as orderly in the office of Civil Surgeon-cumChief Medical Officer, Koderma. The petitioner on being aggrieved of not having secured appointment on a class III post, preferred a writ petition before this Court vide W.P.(S) No. 821 of 2007 which was disposed of on 8.8.2012 with a direction to the petitioner to make a representation before the Deputy Commissioner-cum-Chairman, District Compassionate Appointment Committee, Koderma, who was to take an appropriate decision in accordance with law. Subsequent thereto the impugned order as contained in memo No. 555 dated 12.11.2012 was passed in which on the basis of memo No. 13293 issued by the Department of Personnel, Administrative Reforms, Bihar, Patna dated 5.10.1991, the claim of the petitioner for being appointed on class III post was rejected.
(3.) Heard Mr. K. P. Deo, learned counsel for the petitioner and Mr. Jalisur Rahman, learned junior counsel to G.P. III, appearing for the respondents.;