Shiv Shankar Dutta vs The State Of Jharkhand & Others
2022 Latest Caselaw 5061 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          W. P. (S) No. 2351 of 2012

              Shiv Shankar Dutta                          ...       ...     Petitioner
                                     Versus
               The State of Jharkhand & others ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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07/13.12.2022

1. Learned counsel for the petitioner is present.

2. Learned counsel for the respondents Mr. Rakesh Kumar Roy is also present.

3. Learned counsel for the petitioner submits that the father of the petitioner, namely, Akhil Kumar Dutta was working as work charge employee from 28.08.1982, who subsequently died in harness on 29.06.2004 and thereafter, the petitioner filed an application for compassionate appointment on 19.12.2006, but in spite of that, no decision has been taken.

4. Learned counsel for the respondents has submitted that the case of the petitioner is to be considered in the light of the judgment passed by the Hon'ble High Court reported in (2005) 3 JCR 9 (FB). He has submitted that the employees under work charge establishment are not entitled for any compassionate appointment, even if, they are absorbed in regular establishment after death. The learned counsel has also submitted that as per Annexure-1 to the writ petition, the date of birth of the petitioner is 10.05.1998 and on the date of death of his father i.e., on 29.06.2004, the petitioner was a minor and therefore, otherwise also, in terms of the circular issued by the State Government, the petitioner is not entitled for any compassionate appointment.

5. At this, learned counsel for the petitioner seeks adjournment in order to advance his argument after going through the judgement relied upon by the learned counsel for the respondents.

6. Post this case tomorrow i.e., on 14.12.2022 for further hearing.

(Anubha Rawat Choudhary, J.) Mukul