State of Jharkhand vs Navin Kumar Mandal S/o Late Ramdayal Mandal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 1007

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
The State of Jharkhand – Appellant
Versus
Navin Kumar Mandal S/o Late Ramdayal Mandal – Respondent
L.P.A. No. 237 of 2021
Decided On : 18-10-2022

Advocates:
Advocate Appeared:
For the Appellant : Devesh Krishna.
For the Respondents: Manoj Tandon, Sneha Kumari, Neha Bhardwaj, Akansha Priya.

Headnote:
Constitution of India, 1950 - Articles 14 and 16 - Appointment on compassionate ground – Order of reversal - Petitioner has been reverted from post of teacher to post of clerk and order by which District Superintendent of Education, has relieved petitioner to join office of District Superintendent of Education, have been quashed and set aside and it has been held that petitioner shall be allowed to work on post of teacher with all consequential benefits in view of decision of Establishment Committee taken on earlier occasion – Held, It is not case of petitioner that he has not been provided appointment on compassionate ground rather appointment has been provided to post of Clerk but writ petitioner is willing for consideration of his case to post of Assistant Teacher meaning thereby petitioner is making claim for appointment to post of his choice, which cannot be said to be proper approach of petitioner since appointment on compassionate ground does not vest any right to claim appointment rather it is exception and in teeth of Article 14 and 16 of Constitution of India - Claim which is being made by writ petitioner for his appointment to post of Assistant Teacher cannot be said to be proper and justified; otherwise providing appointment on compassionate ground on choice of dependant of deceased employee will be contrary to policy for filling up of public post - Order passed by learned Single Judge in W.P. is quashed and set aside - Appeal allowed.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

I.A. No. 3803 of 2021

Perused the Office Note.

It has been reported that in view of order dated 27.04.2021 passed by Hon’ble Supreme Court in Miscellaneous Application No. 665 of 2021 in Suo Moto Writ Civil No. 03 of 2020, the instant appeal is filed within time.

Ordered accordingly.

Interlocutory Application being I.A. No. 3803 of 2021 stands disposed of.

L.P.A. No. 237 of 2021

1. The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred by the respondents-State of Jharkhand (appellants herein) against the order/judgment dated 03.03.2021 passed by learned Single Judge of this Court in W.P. (S) No. 2042 of 2020, whereby and whereunder order dated 03.06.2020, by which communication was made to the petitioner that he has been reverted from the post of teacher to the post of clerk and order dated 20.06.2020 by which the District Superintendent of Education, Godda has relieved the petitioner to join the office of District Superintendent of Education, Godda, have been quashed and set aside and it has been held that the petitioner shall be allowed to work on the post of teacher with all consequential benefits in view of decision of Establishment Committee taken on earlier occasion.

2. The brief facts of the case, as per the pleading made in the writ petition, which are required to be enumerated, read as under:

The father of the petitioner, while working as teacher in Primary School Baghmara (Purab Tola), Godda, died in harness on 16.02.2015. The petitioner passed Matriculation with 76% marks and Intermediate with 60.5% marks and completed Teachers Training course from Bihar School Examination Board. Thereafter, the petitioner appeared in Jharkhand Teachers Eligibility Test (JTET) and passed the said examination.

The petitioner, after death of his father in harness, submitted application for appointment on compassionate ground on 19.04.2018, appended as Annexure 7 to the writ petition, before the respondents-authority. The case of the petitioner was placed before the District Compassionate Committee, Godda, which recommended the appointment of the petitioner on compassionate ground on the post of teacher. Accordingly, appointment letter was issued to the petitioner vide Memo No. 1002 dated 23.07.2018. The petitioner submitted his joining report on the next following date i.e. on 24.07.2018 and started to discharge his duty as teacher.

It is the case of the petitioner that all of a sudden, vide Memo No. 1557 dated 01.11.2019, the salary of the petitioner was stopped with immediate effect on the ground that the case of the petitioner was again placed before the District Compassionate Committee, Godda in view of guidelines dated 01.12.2015 as the petitioner was required to be appointed on compassionate ground on the post of Clerk and not to the post of teacher.

It is further case of the petitioner that finally decision was taken vide Memo No. 754 dated 03.06.2020 by which the petitioner was communicated that he has been reverted from the post of teacher to the post of clerk. Thereafter, vide Memo No. 828 dated 20.06.2020, the District Superintendent of Education relieved the petitioner to join the office of District Education Officer, Godda as Clerk.

The petitioner, being aggrieved with the order of reversal from the post of teacher to the post of Clerk as contained in Memo No. 754 dated 03.06.2020 and order of relieving as contained in Memo No. 828 dated 20.06.2020, by which the petitioner was relieved to join the post of Clerk, approached this Court invoking its writ jurisdiction.

Before the writ Court, the petitioner took ground that in the light of two resolutions i.e. Resolution as contained in Memo No. 129 dated 16.01.2008 and its amendment as contained in Memo No. 945 dated 09.05.2013, the writ petitioner is fulfilling the criteria for appointment on compassionate ground and in the light of policy decision contained therein, the case of the writ petitioner was considered by the