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2026 DAILYLAW 2175 (JHR)

ANUP CHAND v. STATE OF JHARKHAND

WPC/79/2024 · 2026-01-29

Sri Ananda Sen

body2026

Judgment text

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(2026:JHHC:2286) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S). No. 79 of 2024 Anup Chand, aged about 37 years, son of late Haradhan Chand, resident of House No. 4, Village - Sarath Ansh, Sarath Bazar, P.O. & P.S. - Sarath, District - Deoghar, Jharakhand.… … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner-cum-District Magistrate, Deoghar, office at Deoghar, P.O. & P.S. - Deoghar, District- Deoghar. 3. The Sub- divisional Officer, Madhupur, office at Madhupur, PO - Deoghar, PS - Madhupur, District- Deoghar. 4. The Circle Officer, Madhupur, P.O. & P.S. - Madhupur, District - Deoghar. 5. The Administrative Officer, District General Branch, Deoghar, Office at Deoghar, P.O. & P.S. - Deoghar, District - Deoghar. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioner : Mr. Kehkashan Afsheen, Advocate For the Respondents : Mr. Fahad Allam, Advocate --- 05/29th January 2026 1. Heard the learned counsel for the parties. 2. Admittedly, this is the case for grant of compassionate appointment and the petitioner is seeking compassionate appointment. 3. Admittedly, the father of the petitioner died on 04.07.2004 and more than 21 years have lapsed and the family has survived the immediate financial crisis. Thus, there is no need to grant compassionate appointment in this case. 4. The Hon'ble Supreme Court in the case of State of W.B. v. Debabrata Tiwari, (2025) 5 SCC 712 at Paragraph No. 33 of the judgment deals with the object of granting compassionate appointment which is quoted hereinbelow:- (2026:JHHC:2286) 2 33. The object underlying a provision for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden crisis due to the death of the breadearner which has left the family in penury and without any means of livelihood. Out of pure humanitarian consideration and having regard to the fact that unless some source of livelihood is provided, the family would not be in a position to make both ends meet, a provision is made for giving gainful appointment to one of the dependants of the deceased who may be eligible for such appointment. Having regard to such an object, it would be of no avail to grant compassionate appointment to the dependants of the deceased employee, after the crisis which arose on account of death of a breadwinner, has been overcome. Thus, there is also a compelling need to act with a sense of immediacy in matters concerning compassionate appointment because on failure to do so, the object of the scheme of compassionate appointment would be frustrated. Where a long lapse of time has occurred since the date of death of the deceased employee, the sense of immediacy for seeking compassionate appointment would cease to exist and thus lose its significance and this would be a relevant circumstance which must weigh with the authorities in determining as to whether a case for the grant of compassionate appointment has been made out for consideration. 5. In view of the judgment Debabrata Tiwari (supra) after a long delay, there is no need to grant compassionate appointment in this case. 6. Accordingly, this writ petition is dismissed. (ANANDA SEN, J.) Aditi Dated: - 29th January 2026 Uploaded on:- 04.02.2026