JUDGMENT :

With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The instant intra-court appeal under Clause 10 of Letters Patent is preferred against the order/judgment dated 11.04.2018 passed by learned Single Judge in W.P. (S) No. 1331 of 2017, whereby and whereunder the learned Single Judge, while allowing the writ petition quashed the decision of the administrative authority as contained in order dated 03.01.2012, by which appointment on compassionate ground in favour of son of the writ petitioner was declined, with a direction to the respondents-authorities to assess the suitability of the writ petitioner for appointment on a suitable post within eight weeks.

3. The brief facts of the case, as per the pleadings made in the writ petition, which are required to be enumerated herein for proper adjudication of the lis, are as under:

The eldest son of the petitioner, namely, Irfan Ahmed joined Bihar Police in the year 1993, as would appear from letter dated 20.10.1993, Annexure 1 to the writ petition. The said Irfan Ahmed while posted at Hariharganj Police Station, sleeping in the Barrack, died of heart attack on 30.11.2006, as would be evident from the death certificate, Annexure 4 to the writ petition.

Pursuant thereto, the writ petitioner submitted a representation before the Superintendent of Police, Palamau for appointment of his second son, namely, Rizwan Ahmed Warshi, on compassionate ground in the event of death of his elder son, namely, Irfan Ahmed, but the respondents-authorities rejected the claim of the writ petitioner vide order dated 03.01.2012 on the ground that benefit of appointment on compassionate ground to the dependent brother and unmarried sister of the deceased police personnel is only to be extended in case of death due to extremist/Naxalite attack but herein the deceased police personnel died of heart attack as such the brother of the deceased police personnel is not eligible to get appointment on compassionate ground.

Being aggrieved with order dated 03.01.2012, the writ petitioner approached before this Court by filing writ petition, being W.P. (S) No. 3264 of 2016, in which vide order dated 10.02.2017 the writ Court granted liberty to file a fresh/amended writ petition. With the liberty aforesaid, the writ petitioner filed writ petition being W.P. (S) 1331 of 2017 by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, wherein counter affidavit has been filed by the respondents-State taking stand inter alia that the benefit under Circular dated 01.12.2015 for ‘Scheme of appointment on compassionate ground’ cannot be extended to the second/younger son of petitioner for the reason that the deceased police personnel died in the year 2006 prior to coming into force of Circular dated 01.12.2015. However, learned Single taking note of the fact that date on which the claim for compassionate appointment for younger son of the petitioner was fully rejected is 28.02.2018, as such benefit under Circular dated 01.12.2015 accrued to him and accordingly quashed the impugned order dated 03.01.2012, by which claim of the writ petitioner on compassionate ground in favour of son of the writ petitioner was declined, and directed the respondent to assess the suitability of the writ petitioner for appointment on a suitable post within eight weeks, which is the subject matter of present intra-court appeal.

4. Mr. Sachin Kumar, learned A.A.G. II appearing for the appellants-State of Jharkhand while assailing the order passed by the learned Single Judge has submitted that the learned Single Judge while disposing of the writ petition has travelled towards wrong direction as claim of the writ petitioner was already rejected on 03.01.2012, the day when the circular dated 05.10.1991 was in vogue which contains no provision to provide appointment on compassionate ground in favour of