Md. Zakaria Hossain vs The State Of Jharkhand & Ors
2024 Latest Caselaw 351 Jhar

Jharkhand High Court

Md. Zakaria Hossain vs The State Of Jharkhand & Ors on 12 January, 2024

Author: S.N. Pathak

Bench: S.N.Pathak

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   A.C. (S.B) No.12 of 2019

      Md. Zakaria Hossain                                          ...      Petitioner

                                         Vs.
      The State of Jharkhand & Ors.                           ...        Respondents

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CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioner : Mr. Uday Choudhary, Advocate For the Respondents : Mr. Gaurav Raj, AC to AAG For the respondent No.7 : Mrs. Richa Sanchita, Advocate

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03/ 12.01.2024 It is case of the petitioner that though there is a specific provision for appointment on compassionate ground, but illegally and arbitrarily respondents have not considered case of the petitioner.

On query made by this Court, respondent-State submits that there is no provision for appointment on compassionate ground. Learned counsel draws the attention of this Court towards Annexure-A of the counter-affidavit, which is letter of the Director Secondary Education dated 22.09.2014, which says that in view Bihar State Non-Government Madarsa (Service Condition) Regulation, 1977, no compassionate appointment can be given to any persons working in Madarsa. The said contention of the respondent-State is not accepted to this Court.

In view of the judgment rendered by the Hon'ble Patna High Court in C.W.J.C. No.1041 of 1983, the law is well settled that after coming into force of a new Act, Rules made earlier ceases to be operative and orders passed in exercise of power purported to be conferred by such inoperative Rules are without jurisdiction.

However, learned counsel for respondent no.7 submits that in view of order passed by the Hon'ble Patna High Court, State has not yet come up with any rules but they are in the way of framing rules.

This Court is of the view that in absence of any rules, the case of the petitioner cannot be turned down but the same has been turned down and affirmed by the tribunal vide order dated 24.10.2019.

Respondents are directed to seek proper instruction and file specific affidavit as to why the case of the petitioner has not been considered till date and why compassionate appointment has not been made in view of the judgment

rendered by the Hon'ble Patna High Court in C.W.J.C. No.1041 of 1983.

Since the case of the petitioner has been rejected without any basis and petitioner is running from pillar to post for compassionate appointment, respondents are direct to keep one post reserved for the petitioner till final outcome of instant writ petition.

Let notices be issued upon respondent Nos.4 to 6 under registered cover with A/D as well as under ordinary process, for which requisites etc., must be filed by the petitioner within three weeks.

Put up this case thereafter.

(Dr. S.N. Pathak, J.) Rohit/-