The main legal point established is the importance of compassion in cases of bereaved families and the need to follow legal procedures for selection against sanctioned posts.

S.N. Pathak, J.

Heard learned counsel for the parties.

2. In the instant writ application, the petitioner has prayed for a direction upon the respondents to issue appointment letter in relation to the petitioner as his deceased father Alok Narayan Tiwary had served for 15 long years and thereafter, he had been duly selected in the selection process conducted pursuant to one advertisement published in pursuance of order of the Hon’ble Supreme Court in Civil Appeal No.2018 of 2006 [Abhay Kumar and others Vs. State of Jharkhand] and Civil Appeal No.2034 of 2006.

By filing I.A. No. 506 of 2017, which has been allowed on 10.03.2017, petitioner has sought for additional prayer for a direction upon the respondents for providing compassionate appointment to him after declaring decision of the departmental selection committee dated 02.07.2011, as much it relates to case of death of deceased father of the petitioner, as immaterial and inapplicable consideration for the purpose of appointment of the petitioner to be made on compassionate ground.

3. The factual exposition as has been delineated in the instant writ petition is that father of the petitioner was working on the post of Technical Assistant at Lohardaga under the Frozen Semen Bank, Project/ Scheme who died on 17.09.2009 after serving employer authorities for 15 long years. After completion of 15 years of service, questions had been raised on the point of irregularities in the appointment of deceased employee and similar other employees. The said issue went up to the Hon’ble Apex Court who finally decided the matter in favour of Alok Narayan Tiwary (father of the petitioner) and other similarly situated employees and on that basis certain relaxations were given to them to participate in the selection process which was to be conducted by issuance of fresh advertisement. The case of petitioner’s father was also considered and he was allowed to participate in the examination and declared successful. Unfortunately, after publication of result, the petitioner’s father Alok Narayan Tiwary died on 17.09.2009. Petitioner being eldest son of deceased employee Alok Narayan Tiwary has claimed for appointment on compassionate ground in view of the fact that his father had served the department for 15 long years and had been declared successful in the final result before his death.

4. Mr. Saurabh Shekar, learned counsel appearing for the petitioner argues that act of the respondents authorities is contrary to the provisions of law and in violation of Article 14 of the Constitution of India. Learned counsel further submits that respondents authorities cannot be permitted to take arbitrary and unreasonable decision against a family who has lost their bread earner. Learned counsel further submits that petitioner’s family is suffering from acute financial crisis and are hand to mouth and there is no source of earning in order to maintain their livelihood. Learned counsel further submits that deceased employee has left behind four members including petitioner and petitioner’s grandfather who is aged 90 years. Learned counsel further submits that deceased – employee had served for 15 long years under the respondents authorities and on that basis, his case has been considered after giving relaxations in the selection process pursuant to the directions of the Hon’ble Apex Court. However, after publication of result, the petitioner’s father Alok Narayan Tiwary died on 17.09.2009 leaving behind the dependents as mentioned hereinabove. Learned counsel further submits that petitioner has also represented before the respondents for considering his case but the same has been rejected vide order dated 02.07.2011 and communicated to petitioner’s mother vide order dated 11.07.2013. Learned counsel strenuously urges that family of the deceased employee is facing acute financial crisis after death of their bread earner and further submits that order of the Hon’ble Apex Court in relation to appointment on