KIRAN KUNWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of order dated 11.07.2012 and for grant of pensionary benefits of her husband. The husband of the petitioner was appointed on 22.02.1988 as Path Mazdoor (Road Labour) with the respondent-Road Construction Department. The husband of the petitioner died in harness on 20.03.2004 and thereafter, the petitioner made several representations for grant of the retiral benefits. On 12.02.2009, the petitioner made a representation for grant of appointment to her son on compassionate ground. By the impugned order dated 11.07.2012, the claim of the petitioner seeking appointment for her son on compassionate ground has been rejected.

(2.) A counter-affidavit has been filed contending that, since the husband of the petitioner was illegally appointed, compassionate appointment to her son cannot be granted. In the counter-affidavit, it is thus stated.

(3.) The learned counsel appearing for the petitioner has submitted that, though the husband of the petitioner continued in service for more than 16 years, after his death the claim of the petitioner is sought to be denied on the ground that the appointment of the husband of the petitioner was illegal. He has further submitted that, the respondents have granted retiral benefits on account of her husband and therefore, it is not open to the respondents to contend that initial appointment of the husband of the petitioner was illegal and therefore, her son cannot be granted appointment on compassionate ground.