Citation : 2025 Latest Caselaw 5590 Jhar
Judgement Date : 9 September, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2113 of 2022
Dhananjay Choubey ... Petitioner(s)
Versus
State of Jharkhand and Ors. ... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the petitioner(s): Mr. Gyan Prakash Tiwari, Advocate.
For the State Mr. Kishore Kr. Singh, SC-V
Mr. Krishna Prajapati, AC to SC-V
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09/09.09.2025: Though this writ petition has been filed for grant of
compassionate appointment, but the fact which has been brought to the notice of this Court that the death benefits of the father of this petitioner has not yet been paid on the ground that the father of this petitioner was in Work Charge Establishment, his services were not regularized i.e. not absorbed in permanent establishment.
In view of the Full Bench of this Court in the case of Ram Prasad Singh and Anr. Vs. State of Jharkhand and Ors., reported in 2005 SCC OnLine Jhar 553, the employees, who are in the Work Charge Establishment, even their services have not been regularized, are entitled for all retiral benefits, except compassionate appointment.
Considering the judgment of the Full Bench of this Court, I direct the respondents to file supplementary counter affidavit stating as to whether the entire death-cum-retiral benefits of the deceased workman, namely, Dhurv Choubey has been paid to the legal heirs of the deceased or not. If the amount has been paid, the details thereof should be furnished. If the same has not yet been paid, the respondents will inform this Court the time frame, in which, the amount can be paid to the legal heirs of the deceased.
So far as compassionate appointment is concerned, since the father of this petitioner died on 31.7.2007 and today we are in the year 2025 i.e. more than 18 years have lapsed and the petitioner has servived the immediate crisis, the relief for compassionate appointment cannot be granted to the petitioner.
List this case on 08.10.2025.
Anu/-Cp2. (ANANDA SEN, J.)
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