Authority: High Court of Jharkhand at Ranchi

Order Date: 10 July 2026

Case Overview

  • Petitioners: Dablu Hazra (≈30 yrs) and his wife Rekha Devi (≈27 yrs), residents of Panduki, Dhanbad.
  • Respondents: Indian School of Mines, Dhanbad (now IIT Dhanbad) represented by its Registrar, Assistant Registrar (Accounts) and other officials.
  • Writ Petition No.: W.P.(S) No. 1086 of 2020; CAV dated 22 June 2026; judgment pronounced 10 July 2026.
  • Background: Nirmala Devi, a permanent peon of ISM who died in service on 26 Feb 2010, left a five‑month‑old child. The petitioners sought compassionate appointment for the deceased’s dependent (initially for Hazra, later also for Rekha). No action was taken; repeated representations were made on 26 Mar 2010, 18 Aug 2011, 06 Jul 2012, and later.
  • Employment History: In 2013 the respondents engaged Hazra on a daily‑wage basis as a labourer; he has worked continuously since then and received experience certificates.
  • Compassionate Appointment Scheme: Office Memorandum No.F.No.14014/02/2012‑Estt(D) dated 16 Jan 2013 provides five % of regular vacancies in Class III/IV for dependents of deceased employees, with no discrimination between married and unmarried daughters (as confirmed by RTI response on 6 Sep 2019).
  • Respondents’ Counter‑Affidavit (20 Mar 2023): Admitted the scheme, but argued that all Group C and D posts were abolished (letter dated 16 Jun 2011) and therefore no vacancy existed for compassionate appointment. Also claimed Hazra was engaged through contractor Sun Facilities Pvt. Ltd.
  • Supplementary Affidavit (23 Sep 2023) by Petitioners: Listed five persons allegedly appointed on compassionate grounds in Oct 2020 (Deepak Gope, Ravi Kant Pyarelal, Kundan Kumar Sharma, Sumona Jhampaty, Monika Hansda) with death dates of the deceased employees “could not be ascertained”.
  • Respondents’ Supplementary Counter‑Affidavit (16 Dec 2023): Cited Advertisement No. 411002/1/2019‑Estt dated 23 Aug 2019, stating 5 % of Junior Assistant/Technician vacancies were earmarked for compassionate appointments; 11 applications received, 5 candidates selected; petitioners did not apply. Also reiterated contractor arrangement.
  • Petitioners’ Rejoinder: Contended the advertisement was for regular recruitment, not compassionate appointments; highlighted that two other petitioners (Kundan Kumar and Ravikant Pyarelal) had obtained compassionate appointments after earlier writ orders (W.P.(S) No. 2289 of 2018 and W.P.(S) No. 1384 of 2018). Asserted Hazra never approached the contractor; the institute itself engaged him as a “Daily Rated Mazdoor”.
  • Legal Precedents Cited:
  • State of Maharashtra v. Madhuri Vidhate (2022 SCC Online SC 1327) – Supreme Court judgment on married daughters’ eligibility.
  • Dharam Singh & Others v. State of U.P. (2025 SCC Online SC 1735) – Emphasised regularisation of long‑term daily‑wage workers and payment of arrears with 6 % interest.
  • Shripal & Another v. Nagar Nigam, Ghaziabad (2025 SCC Online SC 221) – Discussed employer‑employee relationship and obligations under U.P. Industrial Disputes Act.

Final Outcome

  • The writ petition is allowed.
  • Respondents are directed to regularise Hazra by creating super‑numerary posts in Class‑III (Driver) and Class‑IV (Peon/Attendant/Guard) effective from 24 Apr 2002.
  • On regularisation, Hazra shall receive at least the minimum regular pay‑scale for the post, with protection of any higher last‑drawn wages and entitlement to subsequent increments.
  • Arrears: Pay the difference between the regular pay‑scale (including admissible allowances) and amounts actually paid, for the period 24 Apr 2002 to the date of regularisation/retirement/death. Interest at 6 % per annum on any delayed payment.
  • Retired Appellants: If any appellant has retired, regularisation is back‑dated to 24 Apr 2002; arrears, pension, gratuity and other terminal dues to be recalculated and paid within three months.
  • Deceased Appellants: Legal representatives to receive arrears up to the date of death and recalculated terminal dues within three months.
  • Compliance Affidavit: The Principal Secretary, Higher Education Department, Government of Uttar Pradesh (or the Secretary of the U.P. Education Services Selection Commission) must file an affidavit of compliance within four months of the judgment.
  • Formal Order: Respondents must issue a formal order implementing the directions within ten weeks of receipt of the copy of this order.
  • All interim applications, if any, stand closed.

Topics: Compassionate Appointment; Employment Regularisation; Judicial Directions