NAMITA GHOSH Vs. HE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order dtd. 29/1/2016 (Annexure-7), so far it relates to the husband of the petitioner, whose name appears at Sl. No. 64 of the said order, by which the services of the petitioner's husband has been terminated by the State of Bihar that too after his death. Petitioner has further prayed for a direction upon the respondents to appoint her son on compassionate ground as per the recommendation made on 30/7/2016.

(3.) The facts of the case lies in a narrow compass. The husband of the petitioner was appointed as Choukidar on 21/6/1978 on temporary basis and thereafter, he was appointed as peon on 21/6/1980 and on 23/8/1982 his appointment was made permanent and his service book was accordingly opened. On 1/2/1988, the petitioner was given promotion to the post of Technical Assistant by the Regional Director, Animal Husbandry Department, where the name of the petitioner stood at Sl. No. 20 and accordingly, on 20/2/1988, pay-scale of the petitioner was fixed. It is the case of the petitioner that at the time of death of her husband, he was posted at Primary Veterinary Hospital, Piska More, Ranchi after being transferred from Khunti on 22/12/2012. The husband of the petitioner died due to cardiac arrest on 6/1/2016 while he was in service. It is the further case of the petitioner that after death of her husband, she submitted representation for compassionate appointment of her son and 30/7/2016, the District Compassionate Appointment Committee recommended the name of the petitioner.'s son for his appointment to the post of Clerk. It is the case of the petitioner that, on 23/10/1998, a general order was issued by the State of Bihar by which a decision has been taken to cancel the promotion/ appointment given to the post of Technical Assistant on the ground that the Regional Director does not have power to grant promotion. Aggrieved by the said order, a number of persons moved before the Hon'ble Patna High Court in CWJC No. 12904 of 1996 along with other analogous cases and the Hon'ble Court was pleased to stay the said order dtd. 23/10/1998. The writ petitions were finally heard and vide order dtd. 25/11/2014, the Hon'ble Patna High Court was pleased to dismiss the writ petitions holding therein that the Regional Director does not have power to grant promotion or appoint any person on permanent post. It is the further case of the petitioner that her husband along with other similarly situated persons had also filed writ application being CWJC No. 2909 of 2000 along with other analogous cases, the Hon'ble Court was pleased to give interim relief that if the petitioners of the said case are not removed then they shall not be removed till the next date of hearing. Subsequently, the said writ applications were withdrawn on 10/11/2014, as no cause of action had arisen because no formal letter of removal or dismissal was ever passed. Meanwhile, the husband of petitioner died in harness on 6/1/2016. However, all of a sudden, the impugned order dtd. 29/1/2016 was passed by the State of Bihar communicating the same to the State of Jharkhand, by which the services of the husband of the petitioner along with others were terminated. In the said order, the name of petitioner.'s husband appeared at Sl. No. 64, though in terms of Sec. 72 of the Re-organization Act, the State of Bihar not being the appointing or disciplinary authority of the petitioner.'s husband, cannot terminate or dismiss the services of the petitioner.'s husband. Aggrieved by the aforesaid illegal and arbitrary order of termination of services of the petitioner.'s husband that too after his death, the petitioner has knocked the door of this Court.