GAURAV TIWARY, SON OF LATE ALOK NARAYAN TIWARY Vs. THE STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2017-7-313
HIGH COURT OF JHARKHAND
Decided on July 14,2017

Gaurav Tiwary, Son Of Late Alok Narayan Tiwary Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) In the instant writ application, the petitioner has prayed for a direction upon the respondents to issue appointment letter in relation to the petitioner as his deceased father Alok Narayan Tiwary had served for 15 long years and thereafter, he had been duly selected in the selection process conducted pursuant to one advertisement published in pursuance of order of the Hon'ble Supreme Court in Civil Appeal No. 2018 of 2006 [Abhay Kumar and others v. State of Jharkhand] and Civil Appeal No. 2034 of 2006. By filing I.A. No. 506 of 2017, which has been allowed on 10.03.2017, petitioner has sought for additional prayer for a direction upon the respondents for providing compassionate appointment to him after declaring decision of the departmental selection committee dated 02.07.2011, as much it relates to case of death of deceased father of the petitioner, as immaterial and inapplicable consideration for the purpose of appointment of the petitioner to be made on compassionate ground.
(3.) The factual exposition as has been delineated in the instant writ petition is that father of the petitioner was working on the post of Technical Assistant at Lohardaga under the Frozen Semen Bank, Project/Scheme who died on 17.09.2009 after serving employer authorities for 15 long years. After completion of 15 years of service, questions had been raised on the point of irregularities in the appointment of deceased employee and similar other employees. The said issue went up to the Hon'ble Apex Court who finally decided the matter in favour of Alok Narayan Tiwary (father of the petitioner) and other similarly situated employees and on that basis certain relaxations were given to them to participate in the selection process which was to be conducted by issuance of fresh advertisement. The case of petitioner's father was also considered and he was allowed to participate in the examination and declared successful. Unfortunately, after publication of result, the petitioner's father Alok Narayan Tiwary died on 17.09.2009. Petitioner being eldest son of deceased employee Alok Narayan Tiwary has claimed for appointment on compassionate ground in view of the fact that his father had served the department for 15 long years and had been declared successful in the final result before his death.;


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