Santosh Kumar Shukla vs The State Of Jharkhand on 4 February, 2021

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Jharkhand High Court

Santosh Kumar Shukla vs The State Of Jharkhand on 4 February, 2021

Bench: Deepak Roshan

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       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(S) No.2401 of 2009
Santosh Kumar Shukla                                    .....     Petitioner
                                Versus
1. The State of Jharkhand
2. Deputy Commissioner, Latehar
3. District Superintendent of Education, Latehar
4. Circle Education Officer, Latehar                 ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Abhay Kr. Mishra, Advocate For the Respondents : Mr. Rakesh Kr. Roy, JC to G.A-III

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08/ 04/02/2021 Heard Mr. Abhay Kr. Mishra, learned counsel for the petitioner and Mr. Rakesh Kr. Roy, learned counsel for the respondent State through V.C.

2. The instant writ application has been preferred by the petitioner praying for quashing and setting aside the order as contained in Memo dated 12.12.2007 (Annexure-4), whereby the candidature of the petitioner for appointment in the post of Teacher on the basis of compassionate ground in place of his father, who died in harness on 12.09.1974, has been rejected.

3. Mr. Abhay Kumar Mishra, learned counsel for the petitioner submits that the said rejection has been made on the ground that in view of the letter No.6694 dated 17.05.1980 of the Government it has been decided that the compassionate appointment can be given only when the Government servant died on 12.07.1975 or thereafter.

4. Learned counsel for the petitioner submits that in view of the amendment made in the Circular subsequently; the petitioner may be given liberty to approach the concerned respondent who shall decide the issue afresh and pass a fresh order.

5. Learned counsel for the respondent State does not have any 2 objection.

6. In view of the limited submission of learned counsel for the petitioner the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the concerned respondent raising his grievance within a period of 2 months from today. If any such representation is filed, the same shall be disposed of in accordance with law, rules, regulations and policy decision of the Government.

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

(Deepak Roshan, J.) Pramanik/

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