Ashok Kumar Mahto vs State Of Jharkhand

Deepak Roshan, J

The instant writ application has been preferred by the petitioner praying for a direction on the respondent-authority to appoint the petitioner on Class-III post in place of Class-IV post under the District Superintendent of Education, Dumka.

Learned counsel for the petitioner submits that the petitioner was appointed on Class-IV post (Peon) on compassionate ground in Government High School, Hariharpur, Dumka in pursuance of office order dated 06.02.2016. Although the petitioner had passed Intermediate examination at the time of appointment and subsequently passed the Bachelor degree but the authority had not considered his appointment on Class-III post on compassionate ground as the father of the petitioner died in harness. Learned counsel submits that though the petitioner has approached the respondent-authority several times but there was no response. Accordingly, learned counsel for the petitioner submits that the respondents be directed to consider the case of the petitioner for appointment on Class-III post on compassionate ground as he has already passed Bachelor of Arts after his appointment on Class-IV post.

Learned counsel for the respondents submits that the petitioner may be directed to file a representation before the concerned respondent who shall decide the issue in accordance with rules and regulation.

Having regard to the limited submission of learned counsel for the parties, the instant writ application is hereby disposed of by giving liberty to the petitioner to file a detailed representation before the respondent no.2 within a period of four weeks. If any such representation is preferred before the respondent no.2, he shall look into the matter and pass a reasoned order in accordance with applicable rules and regulation.

With the aforesaid observation, the instant writ application stands disposed of.