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Compassionate appointment cannot be offered to minors as per the applicable circulars -Jharkhand high court

A petition challenging the decision in Memo No.173 dated 23.05.2011 was rejected by a single judge bench of  HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY in the case of Rabindra Murmu versus. The state of Jharkhand and Ors. (W.P.(S) No. 5363 of 2011)

The facts of the case are The father of the petitioner died in harness on 25.07.1995 working and posted as Assistant Teacher, Primary School and it is the case of the petitioner that the petitioner had submitted his application for compassionate appointment as back as on 02.05.2000 which was within 5 years but he was directed by the respondent no.3 to submit the original educational certificate, and the application was not entertained also on the ground that the same was not routed through the proper channel and the application was rejected as time-barred.

The learned counsel appearing on behalf of the petitioner submitted that the petitioner has assailed the impugned order of rejection of his application for compassionate appointment on the ground that the same suffers from an apparent error on record because the petitioner had already applied on 02.05.2000. the application on 02.05.2000 was within the prescribed period of 5 years and otherwise, the petitioner was entitled to a compassionate appointment and therefore, the impugned order rejecting the application for compassionate appointment is fit to be set aside.

The learned counsel appearing on behalf of the state opposed the prayer and has submitted that the initial application for compassionate appointment dated 02.05.2000 was neither complete nor through proper channel and accordingly, the same was never entertained and accordingly not placed before the appropriate authority for consideration and it should be submitted as per the provision of law. It was also submitted that the date of birth has been indicated as 17.09.1984 and accordingly, the petitioner was 16 years on 02.05.2000 and no minor can be offered a compassionate appointment and he did not become major within 5 years from the date of death of his father i.e., from 25.07.1995 and therefore, otherwise also, the petitioners not entitled for compassionate appointment. the learned counsel relied on the judgment of L.P.A. No.438 of 2018 (The State of Jharkhand and Ors. Vs. Bahabiti Marandi) in which it was decided that no minor can be offered compassionate appointment under the Circulars issued by the State Government and applicable in the State of Jharkhand.

After hearing from both sides the court finds out that the original application for compassionate appointment dated 02.05.2000 was not only incomplete on account of want of essential documents, but was also improperly filed as the same was not routed through the District Education Officer, and there is no illegality in rejecting the application and on the date of the initial application, the petitioner was still a minor and therefore, the petitioner was not entitled to compassionate appointment as admittedly, no minor can be offered a compassionate appointment and from the above findings there are no merits in the application and the present writ petition is hereby dismissed.

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Judgment reviewed by Naveen sharma