Jharkhand High Court
Bhirgu Thakur vs The State Of Jharkhand Through Chief ... on 6 February, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
LPA No. 341 of 2023
Bhirgu Thakur, aged about 40 years, son of Dukhan Thakur, resident of
Sisari, Dumrasan, PO and PS Dumrasan, District Saran, Bihar
...... Appellant
Versus
1.The State of Jharkhand through Chief Secretary, Government of Jharkhand
having its office at Project Building, PO Dhurwa, PS Jagarnathpur, District
Ranchi
2.Secretary, Department of Home, Government of Jharkhand, having its
office at Project Building, PO Dhurwa, PS Jagarnathpur, District Ranchi
3.Director General of Police, Jharkhand Ranchi having its office at Project
Building, PO Dhurwa, PS Jagarnathpur, District Ranchi
4.Inspector General of Police, Jharkhand Armed Police having its office at
Project Building, PO Dhurwa, PS Jagarnathpur, District Ranchi
5.Deputy Commissioner, East Singhbhum, at Jamshedpur PO and PS Sakchi
Town Jamshedpur, District East Singhbhum
6.Commandant, Jharkhand Armed Police-6, Jamshedpur, PO and PS Sakchi,
Town Jamshedpur, District East Singhbhum .... ... Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN KUMAR RAI For the Appellant : Mr. Rahul Kumar, Advocate Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Manish Mishra, GP-V Ms. Varsha Ramsisaria, AC to GP V Order No.06/Dated: 06th February 2024 The writ Court did not interfere with the decision dated 26th November 2021 of the Compassionate Appointment Committee not to recommend the name of the appellant for compassionate appointment.
2. WP(S) No. 770 of 2022 was dismissed on 22nd March 2023 for the following reasons:
"As per the factual aspect and as per the submissions advanced by the learned counsel for the respective parties, it appears that the rejection of the claim of the petitioner by the District Compassionate Appointment Committee was on account of the delay in submission of the matriculation certificate as by that time more than five years had lapsed. The primary contention for the learned counsel for the petitioner is the fact that for three years the respondents did not pay heed to the certificate submitted by the petitioner and only on 12.12.2020, they had intimated the petitioner about such certificate being not recognized and being not considered for grant of compassionate appointment to the petitioner. However, the conduct of the petitioner reveals that the petitioner was 2 LPA No. 341 of 2023 aware about the veracity and genuineness of the certificate issued by Hindi Sahitya Sammelan, Allahabad and it seems that by way of abundant precaution the petitioner had also appeared in the matriculation examination and had been issued a certificate as on 29.12.2020 just after he was intimated on 12.12.2020 that the certificate submitted by him earlier was not recognized by the State he had submitted the matriculation certificate of JAC.
In such circumstances, therefore the decision of the District Compassionate Appointment Committee dated 26.11.2020 cannot be faulted and rightly the claim of the petitioner for compassionate appointment has been rejected as being time barred. In such view of the matter therefore I do not find any reason to entertain this writ application, which stands dismissed."
3. The appellant has pleaded that he acquired a qualification of Madhyama from Hindi Sahitya Sammelan, Allahabad and was eligible for appointment on compassionate ground. Ms. Varsha Ramsisaria, the learned State counsel refers to a decision of the Allahabad High Court in the "Urmila Devi v. State of UP and Another" 2011 0 Supreme (All) 2996 to submit that the degree granted by Hindi Sahitya Sammelan is not a valid degree for appointment to a Government post.
4. However, the case set-up by the appellant is that he acquired a qualification of Madhyama from Jharkhand Academic Council and a degree in this regard was issued to him on 29 th December 2020. In our opinion, this degree which was obtained by the appellant more than five years after the death of his father shall not make him entitled for compassionate appointment inasmuch as any application if made by him beyond the statutory period of five years shall be liable to be rejected.
5. While so, we see no reason to differ with the writ Court's opinion and, accordingly, LPA No. 341 of 2023 is dismissed.
(Shree Chandrashekhar, A.C.J.) (Arun Kumar Rai, J.) Tanuj