S. N. Pathak, J. - (1.) I.A. No. 2939 Of 2017 This Interlocutory Application has been filed by the petitioner praying therein to amend the prayer portion of the main writ petition by incorporating the sentence " quashing the decision of the District Establishment Committee held on 09.07.2013, by which the prayer of the petitioner for compassionate appointment, has been rejected by the said Committee and also for quashing the letter of the Personal Department dated 09.02.2013, wherein it has been opined that the petitioner is not entitled for appointment on compassionate ground in view of the fact that the pensionary benefits has already been availed by his father." Learned counsel for the petitioner submits that as he came to know about the order of rejection only after filing of the writ petition which was brought on record by the respondentsauthorities by way of counteraffidavit and the copy of rejection order was never served to the petitioner as such the orders dated 09.02.2013 and 09.07.2013 could not be challenged in the writ petition filed earlier. In view of above, prayers made in I.A. may be incorporated in the prayer portion of the main writ petition. Learned counsel for the respondents have no objection to the proposed amendment. Prayers as sought for in the Interlocutory Application is allowed. Let the same be incorporated in the prayer portion of the main writ application. I.A. No. 2939 of 2017 stands allowed. W.P.(S) No. 5436 of 2016 Heard the parties.
(2.) In The Instant Writ Petition, The Petitioner Has inter alia prayed for issuance of writ of certiorari for quashing the orders dated 09.02.2013 and 09.07.2013 passed by the Personnel Department and District Establishment Committee respectively. Further prayer for writ of mandamus directing the respondents to offer letter of appointment to the petitioner on any suitable post on compassionate ground. FACTUAL MATRIX
(3.) The Father And Mother, Both Were Assistant Teachers In different schools. The Father of the petitioner was working as Assistant Teacher at Middle School, Barala, Bishnugarh, Hazaribagh from where he superannuated with effect from 30.09.2008. The father of the petitioner is an old ailing person suffering from various diseases. The mother of the petitioner, who was working as Assistant Teacher at Girls Primary School, Kariathpur, Ichak, Hazaribag, died in harness while in service on 13.07.2011, leaving behind her husband namely, Kashi Vishawanath and his son (petitioner) which also find support from the certificate issued by the Circle Officer, Sadar, Hazaribagh dated 10.08.2011. Upon the death of his mother, on 29.10.2011, the petitioner applied for appointment on compassionate ground in her place. Thereafter, respondentauthorities vide its letter dated 09.02.2013 has opined that the petitioner is not entitled for appointment on compassionate ground on the ground that parents of the petitioner were employed and the pensionary benefit has regularly been received by the father of the petitioner. It is the case of the petitioner that the District Establishment Committee, relying upon the decision of the Personnel Department in its meeting convened on 09.07.2013, has rejected the claim of the petitioner for appointment on compassionate ground and hence, this writ petition has been filed.;