Ali Ahmad Son Of Late Wasi Ahmad vs The State Of Jharkhand Through Its ...
2022 Latest Caselaw 4570 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(S) No. 3873 of 2022
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Ali Ahmad son of late Wasi Ahmad, resident of Munir Colony, Phulwari Sharif, PO PS District Patna.

                                                        ...       Petitioner
                                          -versus-

1. The State of Jharkhand through its Secretary, Transport Department, Government of Jharkhand, Dhurwa, Ranchi.

2. Divisional Manager-cum-District Transport Officer, Dhanbad.

                                                        ...       Respondents
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                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Birendra Kumar, Advocate For the Respondents : Mr. Mukesh Kumar Mehta, AC to G.P. VI

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4/ 16.11.2022 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Considering the nature of order, which I intend to pass, it is not necessary to call for counter affidavit from the respondents.

3. Father of this petitioner was an employee of Bihar State Road Transport Corporation. He died on 12.02.2011. It is the case of the petitioner that by virtue of order passed by the Division Bench in L.P.A. No. 264 of 2016, it has been held that the employees of Bihar State Road Transport Corporation, who were allotted Jharkhand Cadre would be treated to be absorbed with effect from 01.07.2004. It is his case that, thus, from 01.07.2004, father of this petitioner was an employee of State of Jharkhand and died in harness on 12.02.2011. This petitioner, namely, Ali Ahmad, had filed an application before the respondent No.1, claiming compassionate appointment, after treating the services of the father of the petitioner, namely, Wasi Ahmad in regular service of the State. It is his case that till date no decision has been taken on the application of the petitioner.

4. Counsel for the respondents submits that if the petitioner files a fresh application in continuance of the earlier application, his case will be considered and appropriate order would be passed.

5. Considering the submissions of the parties, I direct the petitioner to approach the Secretary, Department of Transport, Government of Jharkhand (respondent No.1) within four weeks from today. If the petitioner files an application, his claim for compassionate appointment on merit should be considered after taking into consideration the judgment passed by this Court. The respondent No.1 should take a decision on the application of the

petitioner within a period of eight weeks from the date of filing of fresh application by the petitioner and the same should also be communicated to the petitioner and the respondents should act in accordance with such decision.

6. With the aforesaid observations and directions, this writ petition stands disposed of.

(Ananda Sen, J.) Kumar/Cp-02