MOSMAT RAJKUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application, has prayed for a direction upon the respondents to pay the entire salary along with death-cum-retiral benefits including family pension, gratuity, leave encashment and provident fund which was payable in the account of her deceased husband. A further prayer has been made for granting appointment to the petitioner's eldest son on the basis of the educational qualification on any vacant sanctioned post in any appropriate department of the State Government on compassionate ground and in consonance with the declaration made by the State Government vide notification dated 24.07.2007, whereby a decision was taken to absorb the services of the exceeded employees of Non-formal Education Project, on the vacant 77 posts of Supply Inspector in the pay scale of Rs. 5000-8000 in the Food grains, Public Distribution & consumption Department, Government of Jharkhand, Ranchi.

(3.) The petitioner has based her claim mainly on the ratio decided by the judgment passed by this court in the case of Bhubaneshwar Mahto vide W.P.(S) No. 4751 of 2003, whereby it was observed that the permanent employee who had undertaken years of pensionable service, cannot be denied the benefits of service merely because, the scheme of the State Government under which he was appointed, was closed with effect from the Subsequent date, though the employee was not retrenched and the authorities did not take work from such employee.