Ananda Sen, J. - (1.) In this writ application the petitioners have prayed for grant of compassionate appointment and also for quashing of the letter dated 27.07.2015, by which the claim of petitioner no. 1 (Sukhdeo Oraon) to appoint him on compassionate ground, has been rejected on the ground of over age.
(2.) The admitted case is that the father of petitioner no. 1 was an employee of the respondent CMPDI, who died on 01.09.2014, leaving behind his widow (petitioner no.2) and his son (petitioner no. 1). After the death of his father, petitioner no. 1, applied for grant of compassionate appointment on 20.03.2015, but the claim of petitioner no. 1 was ultimately rejected on 27.07.2015 by the Deputy General Manager (P &A), CMPDI, Ranchi on the ground that he has already crossed the age of appointment.
(3.) Learned counsel for the petitioners assailed the said order on the ground that the same is absolutely erroneous and submits that it cannot be said that petitioner no. 1 has crossed the age of compassionate appointment. Learned counsel further submits that the date of birth of petitioner no. 1 is 13.05.1983 as per the School Transfer Certificate issued on 04.08.2014 by one Laghu Lal, Bal Siksha Niketan Madhya Vidhyalaya, Sati Mandir Road, Ranchi. He further submits that 13.05.1983 being the 2 correct date of birth, it cannot be said that he has crossed the age of 35 years and the respondents with an oblique motive have rejected the claim of petitioner no. 1 for compassionate appointment. Learned counsel also relied upon the Birth Certificate issued by the State of Jharkhand, whereby it is shown that the date of birth of petitioner no. 1 is 13.05.1983.;