IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1466 of 2004
Agamlal Sahu ...... .Petitioner
Versus
The Union of India & Ors. . Respondents
.............
CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY
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For the Petitioner Ms. Niki Sinha, Advocte.
For the Respondents Mr. Faizur Rahman, S.C. (U.O.I.)
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03/06.02.2009
: Heard the parties.
The petitioner Agamlal Sahu is the son of late Nanku, a
chowkidar working in Garrison Engineer/ MES, Ranchi, who died in
harness on 27.11.1993 leaving behind petitioner as his son, a widow and
others. The petitioner being son of the deceased employee applied for his
appointment on compassionate ground on 16.12.1993. He was informed
by issue of Annexure-5 dated 04.05.2000 by the Respondent that his case
for compassionate appointment on the post of Mazdoor is under
consideration and his name is at serial No.90 in the merit list.
The grievance of the petitioner is that subsequently he received
a letter as contained in Annexure-6 dated 26.07.2002 whereby he was
informed that his claim for compassionate appointment has been rejected
due to non-availability of sufficient vacancy within 5% quota.
From perusal of Annexure-6 i.e. order of rejection of the claim of
the petitioner, it appears that in the said order it has been stated that the
competent authority was of the view that the petitioner does not deserve
employment assistance on compassionate ground in view of the fact that
his case was considered along with other candidates and they were found
to be more deserving. It has also been stated in the said order that need
for immediate assistance by way of compassionate employment to tide
over the emergency and crisis is lacking in the case of the petitioner since
the death of the government servant occurred on 27.11.1993 i.e. eight
years and eight months ago.
After having heard the parties I am of the view that the order as
contained in Annexure-6 rejecting the claim of the petitioner for
appointment on compassionate ground by the Respondent is wholly illegal,
unwarranted and unjustified for the following reasons:-
(a) Admittedly the father of the petitioner died on 27.11.1993 and the
application for appointment on compassionate ground was made on
16.12.1993 i.e. within a period of one month, whereas the
Respondents had taken about eight years’ time in rejecting the claim
of the petitioner as it appears from the order as contained in
Annexure-6 dated 26.07.2002. Therefore, in my view on the ground
of delay of about six years the claim of the petitioner could not and
should not have been rejected.
(b) So far as the other ground for rejection of the claim of petitioner
that the cases of other candidates were considered along with the
case of the petitioner and those candidates were found to be more
deserving, as has been mentioned in the impugned order, neither in
the impugned order of rejection nor in the counter affidavits any
statement has been made as to who were those candidates whose
cases were considered to be more deserving than the petitioner and
why they were given priority over the petitioner. Therefore, in my
view the order as contained in Annexure-6 also suffers from
vagueness and absence of justifiable reasons.
Accordingly, in view of the discussions and findings above, this
application is allowed, the order as contained in Annexure-6 dated
26.07.2002 is hereby quashed and the matter is remitted back to
Respondent No.3 to consider the claim of the petitioner afresh
sympathetically keeping in mind the observations and findings made above
by this Court to and pass a fresh order in accordance with law within a
period of eight weeks from the date of receipt/production of a copy of this
order.
(AMARESHWAR SAHAY, J)
RC/