NABIN ROY Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-9-86
HIGH COURT OF JHARKHAND
Decided on September 28,2015

Nabin Roy Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. Petitioner's father died on 8.9.2008 while working as Peon in the office of respondent No. 5, Executive Engineer, Design Division No. 2, Adityapur, Jamshedpur under the Department of Water Resource Development, Government of Jharkhand leaving behind his widow, four daughters and three sons, one of them being the petitioner. Petitioner's mother claimed earlier for compassionate appointment on 28.1.2010 which was not considered reportedly on account of her illness i.e. Chronic Bronchial Asthma. Petitioner submitted his claim for compassionate appointment through Annexure -4 in a prescribed format containing several documents on 7.9.2013 i.e. penultimate day before expiry of the period of five years from the date of death in terms of the Government Circular dated 27.4.1995, Annexure -14. Due to some infirmity in his application he was asked to remove the same, whereafter it was resubmitted on 26.10.2013 as per statement made in para 8 of the counter affidavit also. However, it got rejected by the District Compassionate Appointment Committee, Seraikella -Kharsawan by the impugned decision, Annexure -7 dated 15.1.2014, communicated through letter dated 22.3.2014. Therefore, the petitioner has approached this Court seeking redressal of his grievances.
(2.) The petitioner has also relied upon communication contained in Annexure -10, dated 10.6.2014 of the Chief Engineer, Subernrekha Multi -purpose Project, Adityapur, Jamshedpur, Annexure -12 dated 16.12.2014 of the Superintending Engineer, Design Circle, Adityapur, Jamshedpur and Annexure -13, dated 7.1.2015 of the Under Secretary, Subernrekha Multi -purpose Project to advance his submission that Deputy Commissioner has been reportedly informed that the petitioner's application was made well within time.
(3.) Respondent -State in para 5, 8, 9 and 23 have also stated that the application was made on 7.9.2013 and is within time limit of five years but was resubmitted on certain correction after delay beyond the 5 years time limit.;


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