KAUSHALYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties and perused the documents on record.

(2.) THE husband of the petitioner was appointed as Warder in District Jail, Chaibasa. He continued in service till the year, 2005. When by order dated 02.11.2005 his salary was stopped, the husband of the petitioner along with others approached this Court in W.P.(S) No. 433 of 2007 which was disposed of by order dated 05.04.2007 directing the respondent no. 2 to consider the claim of the petitioner and pass an appropriate order. It was also directed by this Court that, if the petitioners were found entitled to get their salary, it would be paid to the petitioners therein within a period of six weeks thereafter.

(3.) A perusal of the memorandum of W.P.(S) No. 433 of 2007 would disclose that the husband of the petitioner had challenged order dated 02.11.2005 and a prayer was also made for regularising the service of the petitioners therein. Pursuant to order passed by this Court on 05.04.2007, order dated 10.03.2008 was passed noticing that the husband of the petitioner continued in service for more than 20 years and therefore, he should be paid salary. It has also been observed in order dated 10.03.2008 that, there are 32 posts of Warder and 10 posts of Senior Warder still vacant in Birsa Munda Central Jail, Hotwar, Ranchi. By order dated 10.03.2008, the Home Secretary, Government of Jharkhand directed the Jail Superintendent to take a decision in the matter however, since no decision was taken and in the meantime, the husband of the petitioner died on 23.07.2012, the petitioner approached the authorities for regularisation of the service of her husband and for her appointment on compassionate ground.