Jhar HC | In case of two circular’s on compassionate appointment, the one released later should be used as a reference point for acceptance or rejection, subject to its applicability

Jharkhand High Court

Jharkhand High Court: Dr S. N. Pathak J. allowed a writ petition and directed the respondents to consider the circular of a later date to be a reference point for rejection or otherwise, subject to its applicability, if any.

The factual matrix of the case is that the father of the petitioner was working under Road Construction Department and died in harness on a fateful day subsequent to which the petitioner represented before the respondents for consideration of his case for appointment, but on rejection of the same filed a writ petition which was disposed off directing respondents to consider the case of the petitioner vide an office order dated 04-03-1983 issued by the Superintending Engineer, Road Construction Division, Jamshedpur. In compliance of the order the case of the petitioner was considered and rejected by the respondents on the ground that petitioner does not fulfill the requisite qualification. Aggrieved by the same, the petitioner approached the present Court for a direction upon the respondent to consider the case of the petitioner for compassionate appointment.

Shekhar Prasad Sinha, the counsel for the petitioner submitted that a circular dated 01-12-2015 having Clause 9 says that even if the requisite qualification of 10th pass was lacking by the petitioner, it was incumbent upon the respondents to consider the same, subject to confirmation of obtaining the requisite qualification within stipulated time. He further submitted that the case of the petitioner has been rejected in view of the Circular of the Finance Department dated 02-09-2011 whereas it should be considered in view of circular dated 01-12-2015. Hence the rejection was on illegal ground and is not tenable in the eyes of law.

The counsel for the respondents, Prashant Kr. Singh opposed the petitioner saying that the petitioner does not fulfil the requisite qualification as per the Circular of Finance Department 02-09-2011 and as such, same has been rejected.

The Court, in view of the facts and arguments, observed that since the petitioner is relying on the circular dated 01-12-2015 and petitioner’s case was rejected on 21-11-2016, which is after coming into force of Circular dated 01-12-2015 and as such, it was incumbent upon the respondents to consider the latest Circular of the Government, subject to applicability. The Court further directed the respondents to consider the case of the petitioner in view of Circular dated 01-12-2015, subject to applicability.

In view of the above, writ petition was disposed of. [Fagu Charan Gope v. State of Jharkhand, 2020 SCC OnLine Jhar 254, decided on 27-02-2020]

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