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Rajendra Singh Vs State of Jharkhand

Case No: Writ Petition (S) No.921 Of 2024

Date of Decision: Jan. 6, 2025

Hon'ble Judges: Ananda Sen, J

Bench: Single Bench

Advocate: Arshad Hussain, Avinash Kumar Singh, Shivam Singh

Final Decision: Dismissed

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Judgement

Ananda Sen, J

1. By filing this writ petition, the petitioner prays for mandamus directing the concerned respondents to provide appointment on compassionate ground

to the petitioner.

2. It is the case of the petitioner that his father namely Mahanand Singh died in harness on 27.12.2002, working as Chowkidar under Rania Police

Station, Rania, District Khunti. It is his case that he had applied for compassionate appointment but the same as on date has not yet been granted to

him in spite of the fact that there was recommendation in his favour. It is his case that there are vacant posts which needs to be filled up by appointing

this petitioner on compassionate ground. Thus, he has approached this Court by filing this writ petition.

3. Admitted case from the petition is that the father of the petitioner was working as a Chowkidar under Rania Police Station, Rania, District Khunti.

He died in harness wayback on 27.12.2002. Admittedly, there was a recommendation in favour of the petitioner sometime in the year 2010 and there

was some correspondences during that period i.e. 2010, but thereafter the petitioner has not been appointed.

4. Appointment on compassionate ground is not a source of recruitment. The same is an exception to the Constitutional provision. The basic purpose

of compassionate appointment is to grant immediate relief to the family members of the deceased employee. To overcome the sudden financial crisis

of the family, compassionate appointment is granted. The purpose of providing compassionate appointment is to mitigate the hardship due to the

sudden death of the bread winner of the family. It is the immediate financial crisis which needs to be addressed by giving compassionate appointment.

Due to passage of time, the family overcomes the immediate financial crisis thus, the need of compassionate appointment does not remain after lapse

of a considerable period.

5. In this case, I find that the deceased died on 27.12.2002. Twenty two years have lapsed. Due to passage of this long twenty two years, it cannot be

said that there is immediate financial crisis in the family. When the family members have overcome the immediate crisis and has sustained themselves

for this long twenty two years, there is no occasion to grant compassionate appointment to the petitioner as the very purpose now has been defeated.

6. Considering the aforesaid position, I am not inclined to entertain this writ petition.

7. There is no merit in this writ petition and the same is accordingly dismissed.