- (1.) THE present writ petition has been filed for the following reliefs: (a) The rejection order dated 18.1.2003, passed by the Personnel Manager (MP), C.C.L., Ranchi, communicated vide letter dated 27.1.2003, issued by the Staff Officer (Pers), H. Chari, be quashed; (b) The respondents be directed not to give effect to the rejection order dated 18.1.2003 and to consider the case of the petitioner under para 9.3.2 of the N.C.W.A.; (c) The respondents be directed not to discriminate the petitioner and provide him employment under para 9.3.2 of N.C.W.A. at par with same and similarly situated persons.
(2.) THIS case relates to compassionate appointment under para 9.3.2 of the N.C.W.A. The order of rejection passed by the respondents is on the ground that the application for compassionate appointment was delayed by eleven months and the name of the petitioner was not mentioned in the service records. Learned counsel for the petitioner submits that the petitioner has received other service benefits, which is evident from Annexure -8 to the 2nd supplementary affidavit, filed by the petitioner, and, according to him, the ground for rejecting. the application for compassionate appointment with regard to delay is unsustainable in view of the settled law and in view of the fact that the rejection order having been passed on 18.1.2003, the applicable circular on that date will apply and as such, there was no delay. 2007(4) J.L.J.R. 144(SC). 5. Learned counsel for the respondents submits that these judgments will apply prospectively and not retrospectively, however, the ratio of the judgments referred to hereinabove is to the contrary. Even assuming but not admitting that it will apply prospectively, still then it will be the date of rejection, which should be the relevant date for considering the circular applicable.' As per circular dated 19th June, 2003 the period prescribed was 1 1/2 year and thus the application will be deemed to be in time. 6. Considering the aforesaid facts and circumstances of the case, the respondents are, accordingly, directed to consider the prayer of the petitioner in the light of the judgments and observation and pass an appropriate order for compassionate appointment in accordance with law within a period of two months from the date of receipt/production of a copy of this order and the same should be communicated to the petitioner. 7. The impugned order dated 18.1.2003, passed by the Personnel Manager (MP), C.C.L., Ranchi, is accordingly, quashed and the writ petition is allowed but without any order as to costs.;