S.N. Pathak, J. - (1.) (C.A.V.) - Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioner assisted by Mr. Rohit Sinha and Ms. Neha Sinha. State is represented by Mr. Abhijeet Kumar Singh, Advocate.
(2.) Petitioner has preferred the instant writ petition with a prayer for quashing the decision taken by the District Establishment Committee dated 13.09.2011 by which his claim for appointment on compassionate ground has been rejected on the ground that he is not possessing 10th pass certificate in pursuance of the letter no. 1859 dated 02.09.2011, issued by the Finance Department, Government of Jharkhand. Petitioner has further prayed for a direction for his appointment on compassionate ground.
(3.) Factual Matrix The father of the petitioner namely Late Nandlal Murmu was a regular employee under the District Soil Conservation Officer as Zanzeer Bahak who died in harness on 21.04.2007. After his death, the petitioner applied for his appointment on class-IV posts on compassionate ground pursuant to the circular/scheme of the Government giving therein his educational qualification as class-8th pass along with caste certificate showing him to be member of Scheduled Tribes. His case was duly recommended by the District Soil Conservation Officer vide letter no. 642, dated 08.10.2010 for consideration of his case for appointment on class-IV post. The Director, Soil Conservation, after proper scrutiny, recommended case of the petitioner for his appointment vide his letter no. 124, dated 07.02.2011 and forwarded the same before the Deputy Commissioner, Deoghar. Thereafter, meeting of the Establishment Committee was held on 09.02.2011 but case of the petitioner was not placed in the said meeting as the same relates to appointment on compassionate ground.;