RANCHI, India, Dec. 14 -- Jharkhand High Court issued the following order on Nov. 13:
1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-
i. For issuance of an appropriate writ/order/direction for directing the respondent authorities to consider the case of the petitioner for Compassionate Appointment in the light of the letter no.E/I/3/WC/2024 dated 18" July 2024 issued by Respondent Chief Executive Officer Ramgarh Cantt whereby and whereunder the case of the petitioner for consideration of appointment on compassionate ground had to be considered for the year 2024 which is still pending consideration.
ii. For issuance of further appropriate writ/order/direction for declaring that the Respondent authority should consider the markings of the petitioner under the 2010 scheme vide MoD note No.19(3)/2009/D (Lab) issued dated 22.01.2010 and 14.05.2010, whereby and whereunder the Respondent authorities have to adopt the 100 point scale for assessing the merit of the candidate for grant of appointment on compassionate ground
iii. For issuance of further appropriate writ/order/direction for further declaring that the Respondent Chief Executive Officer, Ramgarh Cantt Board cannot issue any letter/order stating the rejection of the petitioner's eligibility for the year 2022, & 2023 without substantiating the same with the merit list and the welfare committee report to the petitioner. iv. For further directing the respondent authorities to consider the case of the petitioner in the waiting list only along with the candidates falling under the 2010 scheme and not to make him compete with the new candidates every year who fall under the 2018 scheme and to thereafter appoint the petitioner on his suitable post as per his eligibility.
2. The petitioner's father, Late Chandru Bedia, was appointed as a Safaiwala in the Cantonment Board, Ramgarh, in 1996. He died while in service on 28.11.2012. After his father's death, the petitioner applied for a compassionate appointment on 27.06.2013 with all required documents. However, the authorities took no action. After waiting for almost five years, he filed W.P.(S) No.401/2018 in which the authorities were directed to consider his case. Even after the Court's order, the authorities did not comply for two more years. Only after filing of a contempt case being Cont. Case (Civil) no. 210 of 2024 the authorities issued a letter on 18.07.2024 stating that his case would be considered along with other candidates for 2024. The contempt case was disposed off with a liberty to the petitioner to challenge the order dated 18.07.2024 before appropriate forum. Hence this writ petition was filed.
3. Learned counsel for the petitioner submits that the Ministry of Defence had a 100-point scale of weightage system which was revised in 2010- this was the scheme in force when the petitioner's father died in 2013. However, the authorities have wrongly applied the 2018 revised scheme, which is unfair and has been admitted by them in their reply to show-cause. He further submits that due to delays by the authorities, the petitioner and his family have suffered for 12 years. He also submits that if petitioner's case would have been considered under the 2010 scheme, soon after his father's death, his score would have been higher because the family's financial condition was worse at that time. Instead, the authorities kept delaying and now has rejected his claim without giving reasons or disclosing his score. He further submits that the letter dated 18th July 2024 shows that his claims for the years 2022 and 2023 were rejected arbitrarily, without a proper or reasoned order.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0TEdAKbfh2JhL%2BT97zfjsJ9knyRnmk8Zgp0vZYg9WPt&caseno=WPC/6235/2025&cCode=1&cino=JHHC010216802025&state_code=7&appFlag=)
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