IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7784 of 2025 -----

Roshan Tigga aged about 28 years, son of Late Jitendra Oraon, resident of Village- Telgaon Kona Toli, P.O-Telgaon, P.S - Gumla, Telgaon, Gumla, Jharkhand, 835207 ....Petitioner(s).

Versus

1. The State of Jharkhand

2. The Secretary, Department of Education & Literacy, Government of Jharkhand, having its office at Project Bhawan, P.O and P.S-

Dhurwa, District-Ranchi, Jharkhand.

3. The Director, Department of School Education & Literacy, Government of Jharkhand, having its office at Project Bhawan, P.O and P.S-Dhurwa, District-Ranchi, Jharkhand.

4. The Deputy Commissioner, having its office at Collectorate Building, P.O and P.S- Gumla, District-Gumla, Jharkhand.

5. The District Education Officer, having its office at within the Collectorate Building, P.O and P.S- Gumla, District-Gumla, Jharkhand.

6. The District Superintendent of Education, having its office at within the Collectorate Building, P.O and P.S- Gumla, District- Gumla, Jharkhand. … Respondent(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Robin Kumar, Advocate : Ms. Akanksha Basundhra Raje, Advocate For the State : Mr. Shubham Gautam, AC to AAG-V …......

02/ 06.01.2026: By way of filing this writ petition, the petitioner has sought for the following reliefs:-

i) For issuance of a writ of Mandamus, directing the respondents, particularly the District Education Officer, Gumla, to appoint the petitioner, Roshan Tigga, on compassionate ground against a suitable Class-IV post in place of his deceased father, Late Jitendra Oraon, who died in harness on 01.09.2001.

ii) For quashing and setting aside the impugned rejection order dated 11/08/2017 Memo No.1192 passed by the District Education Officer, Gumla, as being arbitrary, illegal, and contrary to the directions of this Hon'ble Court in W.P.(S) No. 224 of 2016.

iii) For issuance of a writ/order/direction commanding the respondents to consider the petitioner's case for compassionate appointment strictly in accordance with law and the applicable scheme/policy.

2. The petitioner is the son of late Shri Jitendra Oraon, who worked as a Grade-IV Peon under the District Education Officer, Gumla, and died while in service in 2001. At that time, the petitioner was only four years old. Since the death of the petitioner’s father, the family has been surviving only on widow pension, which the petitioner’s mother has been receiving since 2002. There is no other source of income for the family. In 2016, the petitioner’s mother approached the High Court seeking compassionate appointment by filing W.P.(S) No. 224 of 2016, for her minor son as at the time of his father’s death, the applicant was a minor. The Hon'ble Court, after hearing the matter, disposed of the petition, granting liberty to the petitioner to submit a fresh representation to the concerned authorities for consideration in accordance with law. Thereafter, the District Education Officer rejected the request on the ground that the applicant completed 18 years of age 14 years after his father’s death and there is delay in submission of the representation as the time limit for submitting an application for compassionate appointment is only 5 years from the date of death of the government employee.

3. Learned counsel for the petitioner submits that the rejection of the petitioner’s claim for compassionate appointment is arbitrary and unjust. He further submits that at the time of the petitioner’s father’s death, the petitioner was a minor, and therefore, the delay in seeking compassionate appointment was unavoidable and beyond his control. He further submits that the delay in submitting the representation occurred because the petitioner’s mother lives in a remote rural area and had no knowledge of the Court’s order within the stipulated time. He also submits that the petitioner fulfills all eligibility conditions, including educational qualification which is sufficient for appointment.

4. The learned