Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 31.01.2012 by which his claim for compassionate appointment has been declined, the petitioner has approached this court.
(2.) Briefly stated, petitioner's father who was appointed as Assistant Teacher in the year 1987 and subsequently posted in S.S. High School, Rania, Khunti on 21.02.1990 was transferred to Kakria High School, Lapung by an order dated 31.12.1998 of the Regional Deputy Director, South Chhotanagpur Division, Ranchi. He was relieved on 14.05.1999 from Rania High School but he did not tender his joining in Kakkria High School. Petitioner's grand-mother has lodged a Sanha on 27.06.1999 informing the police that when her son was going to tender his joining he became traceless from Ratu bus-stand, Ranchi. Seven years thereafter mother of the petitioner submitted affidavit dated 04.07.2006 and a representation seeking compassionate appointment and post-retiral benefits. In the supplementary counter-affidavit dated 24.07.2018 the respondents have pleaded that petitioner's father had worked for 9 years 2 months and 24 days and on his death all admissible post-retiral benefits were paid to his mother. In paragraph no.13 of this affidavit the respondents have given details of the post-retiral benefits paid to the petitioner's mother. A copy of Pension Payment Order dated 18.03.2011 by which family pension to the petitioner's mother was fixed has also been annexed alongwith affidavit dated 24.07.2018.
(3.) Contention raised on behalf of the petitioner is that in law there is no distinction between civil death and natural death and, therefore, claim for compassionate appointment cannot be rejected on the ground that this benefit is not granted in cases of deemed death. Stand taken by the respondent-State is that appointment on compassionate ground cannot be granted contrary to the scheme for compassionate appointment.;