Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents to pay the petitioner the scale of clerk on which post he joined and has been working since 01.08.2010 in compliance of order of Regional Deputy Director, Health Services, South Chhotanagpur, Ranchi vide memo dated 25.05.2010.
(2.) The facts, as delineated in the writ application, in brief is that father of the petitioner was an Orderly in Leprosy Research and Training Institute, Brambey, who died in harness in the year 1993. After the death of his father, the petitioner, who was having Intermediate qualification applied for compassionate appointment and his name was recommended for appointment on the post of Clerk and thereafter, the District Establishment, Deputy Collector, Ranchi vide memo dated 26.08.1996 intimated the Civil Surgeoncum-Chief Medical Officer, Ranchi to issue appointment letter to the petitioner within a week as per the recommendation of District Compassionate Appointment Committee. However, the petitioner was appointed on the post of Ward Boy a class IV post in Leprosy Research and Training Institute, Brambey as there was no vacant post of Grade III. It has further been averred that by passage of time after retirement of one Sir Mokhtar Imam, Clerk in the office, as per the condition laid down in the recommendation letter 26.08.1996, the petitioner was appointed on the post of clerk vide memo dated 25.05.2010. It has further been averred that though the petitioner joined on the post of clerk on 28.07.2010 but he is still getting the scale of ward boy, on which, he was previously working. Aggrieved thereof, the petitioner represented to In-charge Medical Officer, Leprosy Research and Training Institute, Brambey but it turned deaf ear.
(3.) Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. L.C.N. Sahdeo, learned G.P. IV being assisted by Mr. Sandip Verma, A.C to learned G.P. IV as also by Mr. Rajesh Kumar Singh, A.C to learned G.P IV for the respondents-State.;