SUPERWATI CHAMPIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order under Memo No. 1388 dated 4.6.2007 issued by the District Superintendent of Education (respondent no. 4) whereby the petitioner's application for compassionate appointment has been rejected on the ground of expiry of the prescribed period for submission of the application. The petitioner has further sought issuance of mandamus directing the respondents to provide employment to the petitioner in a Class -IV post under compassionate appointment scheme.

(2.) IN a nutshell, the case of the petitioner is that the husband of the petitioner was employed as Assistant Teacher in Primary School Maranda, Kumardungi Block in the West Singhbhum District under respondent no. 4. He died -in -harness on 29.3.1998. Thereafter, an application was filed by the petitioner, the wife of the deceased seeking compassionate appointment under the respondents. The said application was not considered for long time then the petitioner preferred this writ petition before this Court for seeking mandamus for appointment in a class -IV post. During the pendency of the writ petition, the respondent no. 4 rejected her application on the ground that the husband of the deceased (sic) on 29.3.1998 and the said application was received on 15.10.2003. So the app1ication has been moved after delay of 6 months and 16 days from the date of death and therefore the said application was time barred. Feeling aggrieved by the said order, the petitioner preferred I.A. No. 2340 of. 2007 seeking amendment to the writ petition by which certiorari has been sought for quashing the said order. The amendment was allowed and it was directed that the I.A. will be made part of the writ petition.

(3.) I have heard the learned counsel for the parties.