WRIT PETITION 6054 of 2010 on 19 August 2009

1. The State of Jharkhand.

2. The Deputy Commissioner, Simdega, P.S. & District-Simdega.

3. The District Superintendent of Education, Simdega, P.S.-Simdega, District-Simdega. … …...Respondents

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CORAM:THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

For the Petitioner:Mr. Pankaj Kumar Mahto, Advocate. For the Respondents: Sr. S.C.-I.

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06/21.04.2017In the instant writ petition, the petitioner prays to provide employment on compassionate ground in place of deceased employee (father of the petitioner) who died in harness on 19.08.2009.

FACTUAL MATRIX

2. The father of the petitioner died on 19.08.2009 while on duty as an Assistant Teacher in Primary School, Kinderdega in the District of Simdega. It is stated that the petitioner is elder son of the deceased employee. It is the case of the petitioner that the petitioner is the elder son of the deceased employee and as such filed application for appointment on compassionate ground on 15.02.2010 before the concerned respondents i.e. District Superintendent of Education, Simdega but till date no orders have been passed and hence this writ application has been preferred.

3. Learned Counsel for the petitioner submits that petitioner is non-matric having date of birth 20.01.1983 as mentioned in School Leaving Certificate issued on 14.10.2009. Learned Counsel further submits that mother of the petitioner had declared for providing employment of elder son in her place on affidavit and the petitioner being the elder son and legal heir of the deceased employee is entitled for appointment.

4. On the other hand, learned Counsel for the respondents submits that from perusal of the writ application Annexure-2 and Annexure-4, it is apparent that there is difference in the name of the applicant. Learned Counsel for the respondents further submitted that answering respondents requested the petitioner's mother to submit all requisite documents so that the appropriate decision is taken on the application but no response was given from the petitioner's mother.

5. Be that as it may, having gone through the rival submissions of the parties, I am of the considered view that this writ application is premature as till date no decision has been taken and the petitioner has rushed to the Court for redressal of his grievance. I hereby dispose of the writ petition with the following directions to the respondents:-

i.let this writ petition be treated as a representation of the petitioner and after receipt of the same along with the supporting documents, the respondents will pass a reasoned order after giving an opportunity of personal hearing to the petitioner. the petitioner and after receipt of the same along with the supporting documents, the respondents will pass a reasoned order after giving an opportunity of personal hearing to the petitioner.

ii.Let entire exercise be completed within a period of six weeks after receipt of a copy of this order along with the writ application. weeks after receipt of a copy of this order along with the writ application.

The writ petition stands disposed of.

P.K.S.

[Dr.S.N.Pathak,J.]