KUNTI KUI PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the decision of the District Level Compassionate Committee dated 22.12.2003 insofar as Item No. 22 is concerned, whereby the Committee has resolved to reject the application of the petitioner for her appointment on compassionate ground on the ground that she does not fulfill the condition of requisite qualification and for a further direction to the respondents to appoint her on compassionate ground immediately so that she may be able to mitigate the hardships caused on account of sudden death of her husband.

(2.) THE petitioner's case is that her husband, later Darshan Purti, who was in Government service and was posted as peon under the respondent No. 4, died in harness on 25.9.2002 leaving behind the petitioner and two minor children aged about 5 years and 3 years respectively. It has been stated that her husband was the sole bread earner and after his death, there is no body to look after them. The petitioner, after death of her husband, filed an application for her appointment on compassionate ground with all the requisite papers. The said application was placed before the District Establishment Committee on 22.12.2003 to consider the application for compassionate appointment of the applicants. By order dated 27.12.2003 a resolution was passed and the petitioner's prayer has been rejected on the ground that she does not possess necessary qualification as she is only Vlth class pass. The petitioner's name stands at Sl. No 22 of the said resolution enclosed as An -nexure -3 to the writ application. It has been stated that in the circular dated 30.11.1984 regarding compassionate appointment issued by the Department of Personnel and Administrative Reforms it has been provided in paragraph 6 thereof that in case of a lady, requirement of minimum educational qualification and experience of cycling can be relaxed by the competent authority, if the candidate undertakes to learn reading and writing within a period of two years from the date of appointment. It has been stated that the respondents, without taking into consideration the said circular, has arbitrarily rejected her application. The petitioner has further stated that she is by caste Ho and is a member of scheduled tribe. The petitioner has brought on record an order of this Court dated 28.1.2004 passed in W.P. (S) No. 6099 of 2003 (Veena Devi v. State of Jharkhand and Ors.) in support of her claim that in similar circumstance, the Court has held that the requirement of educational qualification is totally immaterial for the purpose of giving compassionate appointment on Class IV post ('Sweeper' in that case).

(3.) ANNEXURE -5 is the circular of the Government issued by the Personnel and Administrative Reforms Department by its Memo No. 11964 dated 30th November, 1984, which provides for relaxation of the requirement of minimum educational qualification and experience of cycling in the case of a lady candidate vide clause VI of the said circular.