RAJIV RANJAN DWIVEDI v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, DEPARTMENT OF COMMERCIAL TAXES
WPC/3728/2026 · 2026-07-01
Deepak Roshan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 19342 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19342 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:19610 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 3728 of 2026
---------- Rajiv Ranjan Dwivedi, aged about 35 years, s/o. late Uma Shankar Dwivedi, R/o. Siddhi Place, near Sun Public School, Devipara, P.O. & P.S. Devipara, Dist. Dhanbad (Jharkhand). ………. Petitioner Versus
1. The State of Jharkhand through the Secretary, Department of Commercial Taxes, having its office at Project Bhawan, P.O. & P.S. Dhurwa, Dist. Ranchi.
2. The Commissioner, Department of Commercial Taxes, having its office at Utpad Bhawan, P.O. & P.S. Kanke, Dist. Ranchi.
3. The Joint Commissioner, Commercial Taxes (Administration), Hazaribagh Division, P.O. & P.S. Hazaribagh, Dist. Hazaribagh, Jharkhand.
4. The Joint Commissioner, Sales Tax, Giridih Circle, Giridih, P.O. & P.S. Giridih, Dist. Giridih, Jharkhand
5. The Deputy Commissioner, Giridih, P.O. & P.S. Giridih, Dist. Giridih, Jharkhand.
………. Respondents. ----------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
----------- For the Petitioner : Mr. Prem Pujari Roy, Advocate For the Respondents : Mr. Mithilesh Singh, GA-IV
Mr. Bhanu Pratap, AC to GA-IV
---------- 03/ 01.07.2026 By way of the present writ application the petitioner prays for the following relief: -
(i) For issuance of appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding and directing upon the respondents, to immediately and forthwith consider the candidature of the petitioner seeking compassionate appointment, on account of sudden death of his father in harness dated 27.11.2015,, who was working as a clerk in the office of Commercial Taxes, at Hazaribagh; as even after a lapse of more than a decade from the date of death of his father, his claim seeking compassionate appointment has not being considered till date; initially on the alleged pretext, that the formal letter of confirmation/regularization of services of his late father was not issued by the department, and, as of now even the said letter of confirmation of service, of the deceased father of the petitioner has now been issued by the respondent on 30.01.2026, confirming inter -alia service of deceased father of the petitioner w.e.f. 20.12.1993; however, even thereafter i.e. after lapse of more than 3 months, his claim seeking appointment on compassionate ground, has not been considered, till date, by the respondents. (ii) For issuance of appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding and directing the respondents not to discriminate the case of the petitioner to that of dependents of similarly situated other co employees from the same
2026:JHHC:19610 2
department, whose cases seeking compassionate appointment has considered and they have been appointed, in terms of the direction passed by this Hon'ble court in Shankar Kumar, (LPA no. 135/2021) Priya Mohanty (LPA no. 242/2023), Urmila Singh (WPS no. 1266/2022), and only because petitioner has not filed any writ petition, his claim seeking compassionate appointment, has not been considered, till date, i.e. even after more than a decade from the date of death of his father, dated 27.11.2015; accordingly prays that now since there remains no legal impediment whatsoever, as such, the claim of the petitioner seeking compassionate appointment may be directed to be considered and letter of appointment be offered /provided accordingly, on any of the suitable Grade III post in commensuration with his educational qualification.
2.
Learned counsel for the petitioner submits that this case is squarely covered by the decision rendered in W.P.(S). No. 3387 of 2011. Accordingly, the respondents may be directed to take a final decision in the matter of compassionate appointment taking into consideration the order dated 27.11.2020, passed in W.P.(S). No. 3387 of 2011 (Shankar Kumar Vs. State of Jharkhand & Ors.).
3.
Learned counsel for the respondents submits that since counter- affidavit has not been filed, if the petitioner so wishes, he may approach the concerned respondents for redressal of his grievances.
4. Having regard to the limited submissions of learned counsel for the parties, the instant writ application is hereby disposed of by directing the petitioner to file fresh representation before the respondent No. 2. The moment the respondent No. 2 will receive any such representation; he shall take decision in accordance with law and applicable rules and regulations as well as the order dated 27.11.2020, passed in W.P.(S). No. 3387 of 2011 (Shankar Kumar Vs. State of Jharkhand & Ors.), within a period of three months from the date of receipt of such representation.
5. It goes without saying that if the decision is taken in favour of the petitioner, necessary consequential order be issued within a further period of four weeks.
6. As a result, the instant writ application stands disposed of.
(Deepak Roshan, J.) 1st July, 2026 kunal/- Uploaded 07.07.2026