Suraj Kumar Paswan vs The State Of Jharkhand And Others
2022 Latest Caselaw 1738 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P.(S) No. 2469 of 2020

                   Suraj Kumar Paswan                             ...      ...    Petitioner
                                          Versus
                 The State of Jharkhand and others    ...       ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Ashish Kumar Thakur, Advocate For the Respondents : Mr. Kunal Chandra Suman, Advocate

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5/02.05.2022 Learned counsel for the parties are present.

2. Learned counsel for the petitioner has relied upon a judgment passed by the Hon'ble Supreme Court reported in (2006) 9 SCC 165 to submit that the claim of compassionate appointment is to be decided on the basis of eligibility as on date of consideration of the application. He submits that in the present case the date of father of the petitioner had occurred on 05.03.2009 and his application for compassionate appointment was considered on 20.01.2018 by stating that on the date of application, the petitioner was minor. Learned counsel submits that on the date of consideration of his application for compassionate appointment he was more than 18 years of age and if the age is considered with reference to the date of consideration of application for compassionate appointment then the impugned order rejecting his application for compassionate appointment is perverse and is fit to be set aside. The learned counsel submits that the solitary ground for rejection of his application by the respondents is the age of the petitioner at the time of application.

3. Learned counsel for the respondents seeks time to examine the issue involved in the present case. Learned counsel for the respondent also submits that he will produce the relevant rules or circulars governing the compassionate appointment on the next date.

4. Post this case on 06.06.2022 for further hearing.

5. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Binit