BHARAT KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-7-40
HIGH COURT OF JHARKHAND
Decided on July 21,2017

BHARAT KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Petitioner has approached this Court with a prayer for quashing the order contained in Memo No. 89/D, Dated 07.04.2014 (Annexure- 13), passed by the Director General-cum-Inspector General of Police, Jharkhand, Ranchi whereby the claim of the petitioner for counting his services working as Bal Police has been rejected. Further prayer has been made for quashing the order contained in Memo No. 346, Dated 01.06.2005 (Annexure-7), passed by the Deputy Inspector General of Police, Singhbhum (Kolhan) Range, Chaibasa whereby petitioner has been appointed with effect from 19.05.2005 Petitioner has also prayed for a direction upon the respondents to treat date of appointment of the petitioner on the post of Bal Police as 03.11.2002 and constable as 19.11.2004 instead of 19.05.2005 with all consequential benefits.
(3.) The factual matrix as has been delineated in the instant writ petition is that petitioner's father Late constable 468 Ramji Singh was a permanent government employee working at JAP-2, Tatisilwai, Ranchi who died in harness on 22.12.2001 leaving behind his widow, three minor sons including the petitioner and a minor daughter. The date of birth of the petitioner is 19.11.1985. Since mother of the petitioner and widow of late Ramji Singh was not keeping well and as such, petitioner, though a minor, being eldest son of deceased, applied for his appointment on the post of Bal Police in the year 2002. It is case of the petitioner that he was validly and legally appointed on the post of Bal Police vide Memo No. 601, Dated 03.11.2002 by the Superintendent of Police, Saraikella Kharsawan in respect of letter dated 23.09.2002, issued by the office of the Director General-cum-Inspector General of Police, Jharkhand, Ranchi. It is case of the petitioner that he was appointed in view of Police order no. 209/88, Dated 11.08.1988, issued under the signature of the Director General-cum-Inspector General of Police wherein it was specifically stated that the Bal Constable were required to go to the school in the first half and in the second half i.e. from 04:00 p.m. to 5:30 p.m., they were to do the work of file movement in the office of Commandant/ Superintendent of Police from one table to another. It is further averred that letter no. 4471/P-2, Dated 04.09.1998 was issued laying down that the Bal Police would automatically after completion of the specified are engaged or employed, would be engaged/ employed as Constable after fulfilling all the requisite educational and physical qualification. It is alleged that in complete violation of the aforesaid order no. 209/88, petitioner was forced to do household work of the official of the Police Department. Petitioner could not make any protest in view of the fact that his family members were in dire need of money after death of his father. ;


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