AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioner Bhuneshwar Mahato is the son of the late Garakh Nath Mahato, a Valveman in Garrison Engineer/MES, Ranchi, who died in harness on 12.9.1998 leaving behind petitioner as his son, a widow and others. The petitioner being son of the deceased employee applied for his appointment on compassionate ground on 24.10.1998. He was informed by issue of Annexure -8 dated 26.2.2001 by the respondent that his case for compassionate appointment on the post of Mazdoor is under consideration and his name is at serial No. 156 in the merit list. The grievance of the petitioner is that subsequently he received a letter as contained in Annexure -9 dated 22.9.2002 whereby he was informed that his claim for compassionate appointment has been rejected due to non -availability of sufficient vacancy within 5% quota.
(3.) FROM perusal of Annexure -9 i.e., order of rejection of the claim of the petitioner, it appears that in the said order it has been stated that the competent authority was of the view that the petitioner does not deserve employment assistance on compassionate ground in view of the fact that his case was considered along with other candidates and they were found to be more deserving. It has also been stated in the said order that need for immediate assistance by way of compassionate employment to tide over the emergency and crisis is lacking in the case of the petitioner since the death of the Government servant occurred on 12.9.1998 i.e., four years ago.;