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2025 DAILYLAW 15601 (JHR)

VIKASH KUMAR v. THE STATE OF JHARKHAND

WPC/4092/2025 · 2025-08-11

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:23190 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4092 of 2025 Vikash Kumar, son of late Ramchandra Prasad, resident of Katar, P.O, P.S. and Disrtrict- Bhojpur, Bihar …. Petitioner(s) Versus 1. The State of Jharkhand 2. The Principal Secretary, Road Construction Department, Govt. of Jharkhand, Office at Project Building, P.O and P.S. Dhurwa, Ranchi. 3. The Executive Engineer, Road Construction Department, Latehar Division, P.O and P.S. and District- Latehar. …. Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Sanjay Kumar, Advocate. For the State: Mr. Rakesh Kr. Roy, AC to GA-III ------ 04/11.08.2025: By filing this writ petition, the petitioner prays for mandamus directing the concerned respondents to provide appointment on compassionate ground to the petitioner. 2. It is the case of the petitioner that his father namely Ramchandra Prasad posted as peon in the office of respondent No. 3 died in harness on 30.8.1998. It is his case that he had applied for compassionate appointment but the same as on date has not yet been granted to him. Thus, he has approached this Court by filing this writ petition. 3. Admitted case from the petition is that the father of the petitioner was working as a peon under respondent No. 3. He died in harness wayback on 30.8.1998. 4. Appointment on compassionate ground is not a source of recruitment. The same is an exception to the Constitutional provision. The basic purpose of compassionate appointment is to grant immediate relief to the family members of the deceased employee. To overcome the sudden financial crisis of the family, compassionate appointment is granted. The purpose of providing compassionate appointment is to mitigate the hardship due to the sudden death of the bread winner of the family. It is the immediate financial crisis which needs to be addressed by giving compassionate appointment. 5. Due to passage of time, if the family overcomes the immediate financial crisis, the need of compassionate appointment does not remain. 6. In this case, I find that the deceased died on 30.8.1998. Twenty seven years have lapsed. Due to passage of this long twenty seven years, it cannot be said that there is immediate financial crisis in the family. When the family members have overcome the immediate crisis and has sustained themselves for this long twenty seven years, there is no occasion to grant compassionate appointment to the petitioner as the very purpose of grant of compassionate appointment now has been defeated. 7. Considering the aforesaid position, I am not inclined to entertain this writ petition. 8. There is no merit in this writ petition and the same is accordingly dismissed. Anu/-Cp2 (ANANDA SEN, J. )