Nago Mahli vs State of Jharkhand

Dr. S.N. Pathak, J.—Heard the parties.

Mr. Rajan Sahay appears on behalf of the petitioner and Mr. Manoj Kumar No.2 makes his appearance on behalf of respondent State.

The petitioner has prayed for appointment on compassionate ground on the post of Chowkidar in place of his deceased father, who died in harness. The father of the petitioner namely Baliram Mahli was the employee of Burmu Forest Area Office at Mandar, Ranchi and was posted there and died in harness on 23.04.2008. The said Baliram Mahli at the time of his death was in service in Forest Department, Mandar, Ranchi and he died leaving behind his widow namely Most. Sukwaro Devi and three sons namely Nago Mahli, Birsa Mahli and Birbal Mahli. The mother of the petitioner Sukwaro Devi died on 17.09.2009. The petitioner belongs to Scheduled Tribe and his date of birth is 18.07.1969. It is treated that petitioner''s brothers have no objection if the employment is given to the petitioner.

Mr. Ranjan Sahay, learned counsel appearing for the petitioner submits that after death of his deceased father he made an application in the year 2009 for consideration of his case for appointment on compassionate ground which was duly forwarded to the higher authorities with all documents and certificates required for appointment on compassionate ground. Learned counsel for the petitioner further submits that vide letter dated 26.11.2009 and 04.10.2010 some defects were pointed out by the respondent authorities and he was asked to rectify the same. It is further submitted that the District Establishment Committee headed by the Deputy Commissioner, Ranchi sent a letter to the Forest Divisional Officer, Ranchi, East Forest Division, Ranchi that the case the petitioner is being considered and genuineness and veracity of the certificates are being looked into and thereafter it would be sent for consideration in the next meeting of the District Establishment Committee for appointment on compassionate ground. It is further submitted that the petitioner has very good case for consideration on compassionate ground and latches are on the part of the respondent authorities who have not considered the case till date and are sitting tight over the matter without passing any order to that effect.

Mr. Manoj Kumar No.2, learned counsel appearing on behalf of respondent fairly submits that the matter for appointment on compassionate ground is already under consideration before Deputy Commissioner, Ranchi who is the head of the Establishment Committee and final decision is likely to be taken after examining veracity and genuineness of the certificates.

Considering the rival submissions of the parties, I am of the view that let a final decision be taken by the respondent authority i.e. Deputy Commissioner, Ranchi regarding the appointment of the petitioner on compassionate ground in accordance with law preferably within a period of two months and if the decision is taken in favour of the petitioner, the order of appointment should be issued within a further period of one month. It is also made clear that if the respondent take a decision rejecting the claim of the petitioner that should also be communicated within the same period.

With this observation and direction, this writ petition is disposed of.