ASHISH KUMAR KAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2007-9-16
HIGH COURT OF JHARKHAND
Decided on September 11,2007

Ashish Kumar Kar Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AMARESHWAR SAHAY,J. - (1.) HEARD the parties and with their consent this application is being disposed of at this stage itself.
(2.) THE prayer of the petitioner is this writ application is for direction to the respondents to consider the case of the petitioner for appointing him on compassionate ground either in Class -III or in Class -IV post. The case of the petitioner is that his father, who was an employee of the State Government and was working as Assistant Teacher in Kalidaspur Primary School at Chakulia, died in harness on 26/02/1990 leaving behind his widow and four children including the petitioner being the eldest son. It is state that his father was the sole bread earner and there is no other source of income. After death of his father a sum of Rs. 1,20,000/ - approx. was paid as death cum retiral benefits and a meager amount as family pension is being paid to the mother of the petitioner. The mother of the petitioner by filing an affidavit on 19/10/1992 applied for appointment of her son namely the petitioner stating therein that since her son was minor at that time and, therefore, he may be appointed on compassionate ground after he becomes major. The prayer to appoint the petitioner on compassionate ground was rejected on 31/05/1996 on the ground that he was a minor and his age was found to be 13 years, 5 months and 21 days only.
(3.) FURTHER case of the petitioner is that after he became major he again applied for employment on compassionate ground on 28/03/2000. The grievance of the petitioner is that in spite of the several representations filed by him, the respondents did not pass any order rather they treated the application of the petitioner as time barred, which, according to the petitioner, was wholly unjust and arbitrary as the respondents did not consider the poor financial condition of the petitioner's family.;


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