Geeta Devi And Others vs State Of Jharkhand And Others

Sujit Narayan Prasad, J

The instant writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder prayer has been made to consider the case of the writ petitioner no. 2 on compassionate ground, since his father has died in harness on 03.01.2012 while working as conductor in the Transport Department, Government of Jharkhand, in light of judgment passed by Co-ordinate Bench of this Court in W.P. (S) No. 1146 of 2016 with analogous cases disposed of vide order dated 03.09.2019, appended as Annexure 4 to the writ petitioner.

It is the grievance of the writ petitioner that even his case is squarely covered by the judgment rendered by Co-ordinate Bench of this Court, as referred above, but no decision has been made for his appointment on compassionate ground even though he has raised his grievance by submitting representations before the authorities concerned, appended as Annexure 6 series to the writ petition.

In view of aforesaid facts, prayer has been made that if the writ petition is disposed of giving direction to the respondents-authorities to dispose of the representation of the petitioner in terms of order passed by Co-ordinate Bench of this Court in W.P. (S) No. 1146 of 2016 and analogous case within stipulated period of time, the grievance of the petitioners will be redressed, to which learned counsel for the State does not dispute.

The writ petition is being heard for the first time and since the writ petitioner is claiming that his case is squarely covered by the judgment passed in W.P. (S) No. 1146 of 2016 and analogous case, therefore, instead of inviting counter affidavit, this Court deems it fit and proper to dispose the writ petition giving liberty to the petitioner to file representation before the respondent no. 2-the Secretary, Transport Department, Government of Jharkhand stating therein the factual aspect as also annexing therewith the judgment passed in W.P. (S) No. 1146 of 2016 and analogous case along with the copy of this order within a period of three weeks from the date of receipt of copy of this order.

If such representation is filed, the authorities concerned will take decision in accordance with law and pass appropriate order, taking into consideration the fact that the judgment rendered in W.P. (S) No. 1146 of 2016 and analogous case is governing the case of the petitioner, within a period of six weeks from the date of receipt of such representation.

With the aforesaid observations and directions, the instant writ petition stands disposed of.