- (1.) Heard Mr. R.S. Mazumdar, learned Advocate General, and Dr. S.N. Pathak, learned Senior Advocate at length. We have also perused the impugned judgment and the Writ Court Record.
(2.) State being aggrieved of the judgment/order dated 13.12.2013 handed down by the Learned Single Judge in W.P.(S) No. 2608 of 2013 whereby directing the State to consider the case of the respondent-writ petitioner for appointment on Class-III post, is before us through the medium of the instant Letters Patent Appeal, which is at admission stage. However, learned counsel for both the sides agree for disposal of the instant appeal at admission stage itself. Hence, admitted and taken on board for its final consideration.
(3.) Mother of the respondent-writ petitioner (for short 'petitioner') made a representation before the Superintendent of Police, Pakur praying for compassionate appointment of her son, the petitioner herein, on Class-III post in lieu of death of the father of the petitioner who died in harness while employed as Havildar (Head Constable) with the police. His case was duly considered by the then constituted committee along with other candidates, but the committee subsequently recommended his case for Class-IV post instead of Class-III post, as at that stage, he was not having the typing certificate. He accepted the said compassionate appointment. Mother of the petitioner subsequently knocked at the door of this Court through the medium of writ petition being W.P.(S) No. 3272/2011 which was disposed of on 13.09.2011 directing the Deputy Commissioner, Pakur to decide the claim of the petitioner along with other similarly situated candidates namely, Shakti Suman, Aditya Abhishek and Anuja Pandey as all the aforesaid candidates were also not having the typing certificate, still they were appointed on Class-III. post, subject to production of typing certificate at the subsequent stage. Pursuant to the direction of the Writ Court, the case of the petitioner was considered and the committee also recommended his case for his appointment on Class-III post. However, the said recommendation did not find favour with the I.G. Headquarter who rejected his case vide order dated 17.01.2012, challenge to which was thrown by the petitioner in his subsequent writ petition being W.P.(S) No. 2608/2013, which now stands allowed vide the impugned judgment.;