IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P(S) No. 1452 of 2019

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Ankur Kumar

…. …. Petitioner(s).

Versus

1. State of Jharkhand through the Secretary, Department of Personnel, Administrative

Reforms & Rajbhasha, Ranchi

2. Deputy Commissioner, Gumla

3. Block Development Office, Palkot

4. Block Development Officer, Chainpur, Gumla

…. …. Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s)

: Mr. K.S. Nanda, Advocate

For the Respondent

: Mr. Rohan Kashyap, AC to GA-II

3/19.01.2023

Heard the parties.

2.

By filing this application, petitioner has claimed that he should have been appointed

against Class-III post, thus his appointment be upgraded.

3.

Admittedly, the petitioner was appointed on compassionate basis on 17.01.2017.

Father of the petitioner was an employee under State of Jharkhand, who died on 31.01.2016

in harness. The petitioner was offered appointment on compassionate basis after

recommendation of the Compassionate Appointment Committee. He was offered Class-IV

post which he accepted and joined on 17.01.2017. After two years of the said joining the

petitioner has approached this Court with a prayer that his case should have been considered

for appointment against Class-III post and not Class-IV post.

4.

There is a Circular of the government dated 01.12.2015 contained in Memo No.10167.

From Clause-15 (G) of the said circular it is apparent that once a person accepted appointment

on compassionate ground in the category, so offered, the same could not be changed or

upgraded for any reasons, whatsoever.

5.

Admittedly, the petitioner had accepted his appointment in Class-IV post and he

worked for two years. Petitioner did not approach this Court immediately, but approached this

Court after two years. Further there is a circular of the government which prohibits

upgradation of the category. Furthermore there is no document to suggest that the Committee

which consider the case of the petitioner, has recommended anyone for appointment against

Class-III post. Thus, I find no reasons to entertain this writ application

6.

Accordingly, the instant writ application stands dismissed.

(ANANDA SEN , J)

anjali/cp2