Pramath Patnaik, J. - (1.) In the accompanied writ application, the prayer has been made for quashing the order dated 07.09.2012 contained in memo no.2095 (vide Annexure-10) issued under the signature of Treasury Officer, Ranchi pertaining to termination of services of the petitioner and the petitioner has further prayed for quashing of the recommendation of the District Compassionate Committee contained in memo no.1093 dated 28.07.2012 and the letter dated 03.09.2012 issued under the signature of Deputy Commissioner, Ranchi addressed to the Treasury Officer, Ranchi to take action regarding termination of the services of the petitioner in the light of the decision taken by the District Compassionate Committee on 28.07.2012.
(2.) The brief facts, as averred in the writ petition, is that the father of the petitioner who was working on deputation in Treasury as Assistant Accountant died in harness on 11.06.2005. The father of the petitioner was working as regular employee of the Bihar State Food and Civil Supply Corporation Limited, however, he became an employee of the State of Jharkhand in Treasury Branch and only an official declaration in regard to absorption was to be issued. Pursuant to deputation, the father of the petitioner rendered his services satisfactorily in the Finance Department, Govt. of Jharkhand. While rendering services on deputation, father of the petitioner died on 11.06.2005. After death of the father on 11.06.2005 the petitioner filed representation before the respondents for consideration of his appointment on compassionate ground against Class-III posts since the petitioner was having all the requisite qualification and was fulfilling all eligibility criteria. In pursuance to representation of the petitioner the respondent authority took over the matter with regard to compassionate appointment against Class-III post, and decision was taken by the District Compassionate Committee who recommended the case of the petitioner for giving compassionate appointment which is evident from the proceedings of the District Compassionate Committee dated 21.07.2006 as per Annexure-4 to the writ application. Pursuant to the recommendation letter of appointment was issued under the signature of District Establishment cum Deputy Collector, Ranchi on 24.07.2006 vide Annexure-5 to the writ application. The petitioner was posted against Class-III post and the petitioner submitted his joining on the said post. After rendering considerable length of services proceeding of the District Compassionate Committee took place on 28.07.2012 and the compassionate appointment was considered by the committee and the case of the petitioner was reconsidered in the committee in the light of letter dated 12.04.2012 of the Finance Department and considering the same decision has been taken to cancel the earlier recommendation made on 20.07.2006 for temporary appointment of the petitioner on compassionate ground vide Annexure-8 to the writ petition. Pursuant to the proceeding of the District Compassionate Committee dated 28.07.2012, the Deputy Commissioner Ranchi vide his letter dated 03.09.2012 directed the Treasury Officer to take further steps in regard to the termination of the services of the petitioner as evident from Annexure-9 to the writ petition. In pursuant to the letter dated 03.09.2012 the Treasury Officer has issued the office order dated 07.09.2012 informing the termination of the petitioner in the light of letter issued by the Deputy Commissioner, Ranchi dated 03.09.2012 as per Annexure-10 to the writ petition. The petitioner was also directed vide letter dated 07.09.2012 to handover the charge to another employee vide Annexure-11 to the writ petition. Being aggrieved by and dissatisfied with the impugned orders vide Annexures-8, 9, 10 and 11, the petitioner has knocked the doors of this Court, invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in terminating the petitioner from services is actuated by arbitrary and mala fide exercise of powers since there has been breach of principles of natural justice. Learned counsel further submits that the petitioner after adhering to due process of selection was given appointment on compassionate ground and the action of the respondent in canceling the recommendation of the District Compassionate Committee on 20.07.2006 after six years without any valid reasons is wholly unjust and illegal. When the petitioner has not obtained the compassionate appointment against ClassIII by applying representations based on fraud, the action of the respondents in passing the order of termination of services is violative of Article 14, 16 and 21 of the Constitution of India.;