SOMBARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for quashing the Memo No. 761/ Ranchi dated 14.5.2004 (annexure 5) and Memo No. 361/Ranchi dated 4.6.2004 (Annexure 8) under which it is ordered that salary of three years and ten months withdrawn by the husband of the petitioner be recovered. Petitioner has also claimed compassionate appointment of her son.

(2.) It is submitted by Mr. Shivnath that petitioner's husband was appointed on 12.2.1959 and he died on 24.12.2002. Recovery is sought on the ground that he completed more than 40 years of service and thus was appointed below the age of 18 years. It is submitted that even if the case of respondents is accepted that petitioner was appointed at the age of 15 years 10 months & 20 days, no objection was raised in that regard for 40 years and only after he died in harness this objection has been raised. He relied on the judgment in the case of Ganesh Ram Vs. State of Jharkhand and others reported in 2006 (2) JLJR 396.

(3.) Counsel for the State could not dispute this position.