Jharkhand High Court
Sanjay Bansfod vs The State Of Jharkhand on 6 May, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6093 of 2023
Sanjay Bansfod, aged about 33 years, Son of Late Shankar Bansfod,
Resident of Village - Mangra, P.O. + P.S. - Boarijore, District -
Godda ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Godda, P.O. and P.S. + District-
Godda.
3. The Superintendent of Police, Godda, P.O. and P.S. + District-
Godda.
4. The District Welfare Officer, Godda, P.O. and P.S. + District-
Godda.
5. The Sub-Divisional Officer, Mahagama, P.O. + P.S.-Mahagama,
District-Godda.
6. The Circle Officer, Boarijore, P.O. + P.S.- Boarijore, District-
Godda.
7. The Officer-in-Chrge, Boarijore, P.O. + P.S.- Boarijore, District-
Godda. ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Ranjan Kr. Singh, Advocate
For the Respondents : Mr. Divyam, Advocate
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05/06.05.2024 The learned counsels for the parties are present.
2. This writ petition has been filed for the following reliefs:
"1. That, the petitioner through the instant writ application prays
before this Hon'ble Court for issuance of an appropriate writ/writs,
order/ orders, direction/directions or a writ in the nature of Certiorari
for quashing the order dated 24.07.2023 contained in memo no.573 as
well Memo no.737 dated 05.07.2023 (Annexure - 4 series) which was
communicated to the petitioner vide memo no.573 dated 24.07.2023 as
well memo no.737 dated 05.07.2023 whereby the appointment of the
petitioner as Chowkidar in place of his deceased father namely Shankar
Bansfod has been cancelled with effect from the date of joining and be
further pleased to direct the respondents to reinstate him to discharge
her duty as Chowkidar with all consequential benefits.
AND/OR
Any other appropriate writ/writs be issued, order/orders be passed,
direction/directions be made as Your Lordships may appear deem fit
and proper for doing conscionable justice to the petitioner, in the facts
and circumstances of the case."
3. The case of the petitioner is that his father namely Shankar
Bansfod was working as Chowkidar in village Mangra (Boarijore) and
died in harness on 07.01.2019 and thereafter, the petitioner was
appointed on compassionate ground vide order no.07/2021 dated
23.10.2021. The petitioner submitted his joining on 27.10.2021 and
since then he has been discharging his duty continuously. The
petitioner succeeded in matriculation examination from All India
Council for Open Education in academic sessions 2017-2018 and the
certificate was sent for verification which was found to be genuine and
correct.
4. However, much after joining, a compassionate appointment
committee meeting was held on 24.06.2022 wherein it was decided
that the person who has not obtained class 10 education certificate
from the Jharkhand State are not entitled to continue in service and
accordingly vide Memo No.573 dated 24.07.2023 followed by Memo
No.737 dated 05.04.2023, the service of the petitioner was cancelled.
Subsequently, another meeting was held and vide Memo No.863
dated 11.08.2023 two years' time was extended to enable the
petitioner to submit appropriate matric education certificate from a
recognized institution and the Deputy Commissioner, Godda sought
guideline on this aspect from higher authority vide Memo No.932
dated 06.09.2023 (annexure-6) .
5. The learned counsel submits that this writ petition be disposed
of in the same terms as order dated 23.04.2024 passed in W.P.(S) No.
6091 of 2023.
6. The learned counsels for the respondents have gone through the
order passed in W.P.(C) No. 3894 of 2021 and other analogous cases
and also the order dated 23.04.2024 passed in W.P.(S) No. 6091 of
2023 and have submitted that this writ petition be disposed of in terms
of W.P.(S) No. 6091 of 2023.
7. The observations and directions contained in paragraph no.7 to
11 of order dated 23.04.2024 passed in W.P.(S) No. 6091 of 2023
reveal that there is there is no requirement of producing a
matriculation certificate from an institution placed within the State of
Jharkhand. The said paragraphs of the order are quoted as under:
"7. After hearing the learned counsel for the parties and considering
the aforesaid facts and circumstances of this case and also the
judgment passed by this Court in W.P.(C) No. 3894 of 2021 and
other analogous cases decided on 16.12.2022, this Court is of the
considered view that there is no requirement of producing a
matriculation certificate from an institution placed within the State
of Jharkhand which appears to be the reason for the impugned
action of the respondents. 3
8. No counter-affidavit as such has been filed in the present case and
under such circumstances, this Court finds it proper to direct the
petitioner to approach the respondent no. 2 along with the said
judgment in W.P.(C) No. 3894 of 2021 and other analogous cases
and also a copy of this order and a copy of the writ records. The
needful be done by the petitioner within a period of three weeks from
today.
9. Upon filing of the representation, the respondent no. 2 is directed
to do the needful and place the matter before the compassionate
appointment committee who shall take appropriate reasoned
decision in accordance with law within a period of four weeks from
the date of filing of representation. The reasoned decision be
communicated to the petitioner through speed post.
10. This writ petition is accordingly disposed of.
11. Pending interlocutory application, if any, is dismissed as not
pressed."
8. Considering the submissions and upon going through the
materials on record, this writ petition is disposed of in terms of order
dated 23.04.2024 passed in W.P.(S) No. 6091 of 2023.
9. The petitioner shall approach the respondent no. 2 by filing a
representation along with the judgment passed in W.P.(C) No. 3894 of
2021 and other analogous cases, order passed in W.P.(S) No. 6091 of
2023, a copy of this order and a copy of the writ records.
10. Upon filing of the representation, the respondent no. 2 is
directed to do the needful and place the matter before the
compassionate appointment committee who shall take appropriate
reasoned decision in accordance with law within a period of four
weeks from the date of filing of representation.
11. The reasoned decision be communicated to the petitioner
through speed post.
12. This writ petition is accordingly disposed of.
13. Pending interlocutory application, if any, is dismissed as not
pressed.
(Anubha Rawat Choudhary, J.)
Saurav
