RAMU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Undisputedly, father of the petitioner, namely, late Bindu Singh was working as 'Karamchari' in the Masalia Block of Dumka district and he expired in-harness on 16.2.1986; mother of the petitioner, widow of the deceased has written one letter (Annexure-2 to the writ petition) on 17.4.1986 to the Deputy Commissioner, Dumka, saying she does not want service. However, her late husband has left behind three minor sons and either of them may be appointed on compassionate ground on attaining the age of majority. Petitioner has applied for the appointment on compassionate ground, vide Annexure-1 dated 26.5.2005. Letter of appointment was not given to the petitioner under the Government Rules saying, as per the Government Notification No. 3/C1-2030/88Ka dated 15.5.1989 (Annexure-A to the counter affidavit), compassionate appointment can be made within five years of the death of the Government employee and this limitation shall not be extended in any case. Since application was moved for the first time on 26.5.2005, after 19 years of the death of Bindu Singh, therefore, in view of the notification dated 15.5.1989, application of the petitioner seeking compassionate appointment was not allowed. Learned counsel for the State has vehemently submitted that no other notification was issued by the State of Jharkhand superseding the earlier notification of 15.5.1989, therefore, it has got binding effect on the State of Jharkhand.

(2.) As per the definition of "law" under Section 2(f) of the Bihar Reorganisation Act, 2000, all the Government notification having force of law shall be deemed as "law" and as per Section 85 of the Act, all the laws as applicable in the State of Bihar shall be applicable in the State of Jharkhand unless repealed or amended by the State of Jharkhand. Therefore, notification of 1989 (Annexure-A to the counter affidavit) has full application in the State of Jharkhand and according to the notification, no application seeking compassionate appointment shall be considered after five years from the date of the death of the Government employee. Therefore, no relief can be granted to the petitioner. Accordingly, the writ petition is dismissed.