Anup Kumar Dan vs State of Jharkhand and Others

S.J. Mukhopadhaya, A.C.J.

The writ petition has been preferred by the petitioner for his appointment on compassionate ground. According to the petitioner, his mother, late Smt. Usha Kujur, was in the services of the State and died in harness on 26th August. 2004 wile working as Assistant Teacher in Dayaram Jain Primary School, Dahi Gora, Ghatsila. After her death, he applied for compassionate appointment and his case was considered by District Compassionate Appointment Committee, which in its meeting held on 27th November, 2004 recommended name of the petitioner along with others for appointment against Class-III post. The proceeding of the Committee was communicated by the Deputy Commissioner, Singhbhum East, Jamshedpur.

The grievance of the petitioner is that though his name has been recommended by the District Compassionate Appointment Committee, the District Superintendent of Education, Singhbhum East, Jamshedpur has not yet issued the letter of appointment.

Learned Counsel for the State submitted that no reply can be given without any instruction. But, as the matter requires consideration by the competent authority, this Court instead of directing the respondents to file affidavit, remit the case with liberty to the petitioner to approach the District Superintendent of Education, Singhbhum East, Jamshedpur, who, in his turn, will enquire into the matter. If it is found that the petitioner''s name has been recommended by the District Compassionate Appointment Committee, Singhbhum East, Jamshedpur, the District Superintendent of Education, Singhbhum East, Jamshedpur will issue appropriate order, in accordance with law, within six weeks, from the date of receipt of representation. If any adverse decision is taken, the authority will communicate the ground to the petitioner.

The writ petition stands disposed of with the aforesaid observations and directions.