BISHMANI ORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 09/07.08.2012 Late Karma Oraon, husband of the petitioner, who was working as 'Clerk' in Project High School, Pogenga, P.S. Palkot, Gumla, has died in harness on 17.07.1993. Petitioner has applied for compassionate appointment, vide application dated 04.01.1994 and again, vide application dated 18.03.1995. Petitioner had earlier filed W.P.(S) No. 5185 of 2001, which was disposed of by this Court, vide order dated 11.10.2001 with the direction to forward the matter to the Deputy Commissioner, Gumla, to place the case of the petitioner before Compassionate Appointment Committee and to take the decision within three months. Petitioner's claim was rejected, vide order dated 28.12.2001, on the ground that petitioner had shown her unwillingness for her compassionate appointment. Petitioner again approached this Court by way of filing W.P.(S) No. 774 of 2005. This Court, vide judgment dated 29.06.2005 was pleased to quash the order dated 28.12.2001 and had directed the District Education Officer, Gumla, to forward the petitioner's application forthwith to the Deputy Commissioner, Gumla, who on receipt shall place the same before the Compassionate Appointment Committee for taking appropriate decision. Thereafter, vide order dated 09.06.2006, again, petitioner's application was rejected on the ground that petitioner is not having requisite qualification of Class VIII. Feeling aggrieved, petitioner has filed present writ petition.

(2.) I have heard learned counsel for the parties and have carefully perused the record. Learned counsel appearing for the petitioner, while placing reliance on the circular/notification No. 11946 dated 30.11.1984 issued by the then Government of Bihar, has submitted that in view of Clause 6 of the circular, in the case of female seeking compassionate appointment, appointing authority shall be competent to relax the requisite qualification with the condition that such female candidate shall acquire the knowledge of reading and writing within two years. Clause 6 of the circular is being reproduced herein as under: