Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4105 of 2013 --- Vikash Prakash Kumar --- --- ---- Petitioner Versus The State of Jharkhand & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Kundan Kr. Ambastha, Advocate For the State: JC to AAG Mr. Ajit Kumar For the AG: Mr. Sudarshan Shrivastava, Advocate --- I.A. No. 5423 /2013 --- 02/ 21.08.2013 The petitioner seeks to implead the office of Accountant General, Jharkhand as party respondent in the instant case. The writ petition has been preferred seeking compassionate appointment on account of death of the petitioner's father in harness as also for other post retirement benefits. In such circumstances, the proposed addition in the array of parties is allowed. Let correction be made by the counsel for the petitioner during the course of the day, in red ink. I.A. stands disposed of. W.P.(S) No. 5105/12 Counsel for the learned Accountant General who has appeared, submits that copies of the writ petition were supplied earlier in which Accountant General was shown impleaded as a party. Therefore, on instruction, an affidavit has also been filed in the matter only yesterday.
2. Counsel for the petitioner submits that the writ petition can be disposed of at this stage as claim for compassionate appointment of the petitioner as also other post retirement benefits on account of death of his father in harness on 20th August 2009 while posted as Pradhan Agnik (Havildar), has not yet been disposed of by the respondents.
3. Counsel for the State and Accountant General do not object to such a prayer. However, counsel for the Accountant General also submits that they have taken a stand in their counter affidavit that none of the pension papers relating to death-cum-retirement benefits of the petitioner's father has been received in their office and as soon as they are received, they will be processed in accordance with law.
4. Having heard counsel for the parties, it appears that the father of the petitioner namely, Ram Nandan Singh who was said to be employed as Pradhan Agnik (Havildar) in the office of Fire Brigade Service at Adre House, Ranchi, had died in harness on 20th August 2009 leaving behind the dependents including the petitioner-son. The petitioner is said to have made a representation by relying upon the circular dated 03rd October 2002 (Annexure-4) for consideration of his case for compassionate appointment as also for payment of other retiral dues such as Gratuity, leave encashment, etc. which are yet not paid.
5. In such circumstances, without commenting upon the merits of the case in a matter relating to death-cum-retirement benefits as also in view of the fact that the representation of the petitioner for compassionate appointment is pending before the respondent, the writ petition is disposed of with liberty to the petitioner to make a fresh representation before the respondent no. 4 - Director General, Fire Brigade Service, Home Department, Government of Jharkhand, Ranchi together with all supporting facts and documents within three weeks from today. On receipt of such representation, the respondent no. 4 shall consider the same in accordance with law and upon proper verification of the record of the deceased employee, pass a reasoned and speaking order in respect of the aforesaid grievances of the petitioner, within a period of twelve weeks thereafter, which shall also be communicated to the petitioner. Needless to say, if petitioner is found entitled to any consequential benefit on account of the death-cum-retirement benefit of his father, the same should be disbursed to him thereafter. The writ petition is disposed of with the aforesaid observations and directions. (Aparesh Kumar Singh, J) Ranjeet/