MAYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioner, who is the widow of deceased Forest Guard -Mahesh Chandra Mahto, prays for a direction to the respondents to appoint her on Class IV post on compassionate ground as her husband died in harness on 28.3.1998.

(2.) ACCORDING to the petitioner, after the death of her husband, she filed application for appointment on compassionate ground with all requisite documents such as Death Certificate, Succession Certificate, Photographs etc. as far back as on 11.6.1998. After a long pendency of the application, the petitioner had preferred a writ application before the Patna High Court, as then was, being C.W.J.C. No. 3665 of 1999(R). By order dated 20.7.2000 passed therein the respondents were directed to consider the petitioner 'sprayer for appointment on compassionate ground. The grievance of the petitioner is that in -spite of the submission of the application with all requisite documents and inspite of the said order passed in the writ application years ago, the respondents have not passed any order till date.

(3.) THE petitioner, in his reply to the counter -affidavit, contended that there is no mandatory requirement of the educational qualification for appointment on compassionate ground. The petitioner has referred to the provisions of the policy decision issued by the Government by memo No. 11946, dated 30th November, 1984. It has been provided therein that in the cases of proposal of appointment of a woman on Class IV post on compassionate ground, the educational qualification can be relaxed on the condition that she would learn reading and writing within a period of two years from the date of her appointment. The petitioner has annexed the said circular as Annexure -12 with her reply. It has been stated that on that basis several persons have been appointed by relaxing the requirement of educational qualification. The petitioner has also annexed an order of appointment of one Smt. Sumitra Tiu who was an illiterate lady and who was appointed by the Regional Deputy Director of Education by his Memo No. 1611, dated 12.12.2002. It has been stated that in view of the provisions in the circular, the proposal was also asked for relaxing the educational qualification of the petitioner, but no order was passed. The petitioner has also brought on record a copy of the order of the Court passed in W.P. (S) No. 6099 of 2003 enclosed as Annexure -10 wherein it has been held that qualification is totally, immaterial for the purpose of giving compassionate appointment on the post of Sweeper.