RAJESH KUMAR ALFRED MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner is the son of late Jasai Marandi who was serving as Dresser in the Primary Health Centre, Ramgarh Dumka and died in harness on 21.6.1996. The petitioner being the only son of the deceased late Jasai Marandi applied for compassionate appointment on 12.6.1998 before the respondent No. 5. After the death of Marandi, one lady namely, Mary Chore claiming to be his wife applied for grant of succession certificate. Petitioner and his mother filed an objection petition stating therein that Miru Nirojini Murmu is the only widow of late Jasai Marandi being legally wedded wife of the deceased father of the petitioner. It is admitted case of the parties that some settlement came to be arrived at between the mother of the petitioner and Mary Chore and retiral benefits were distributed amongst them. In addition to that the settlement contained a stipulation allowing the petitioner to claim the compassionate appointment. Petitioner, accordingly, applied for his compassionate appointment and his claim was rejected by the District Compassionate Committee vide letter dated 1.10.2001 on the ground that he could not prove that his mother, Miru Nirojini Murmu was the first wife of the deceased employee. The said order came to be challenged before this Court in W.P. (S) No. 5775 of 2001 which was dismissed.

(3.) TWO counter -affidavits are on record. One filed by Civil Surgeon -cum -Chief Medical Officer, Dumka and other by the Deputy Commissioner -cum - Chairman, District Compassionate Committee, Dumka. In the affidavit filed by the Medical Officer it is stated that on the basis of the enquiry it was established that Smt. Mary Chery was never married with late Jasai Marandi. It is further stated that an explanation was also called for from Smt. Marry who admitted that she was never married with Jasai Marandi. In the second counter -affidavit filed by the Deputy Com -missioner -cum -Chairman, District Compassionate Committee, Dumka, it is stated that the compassionate appointment case of the petitioner was rejected on 30th January, 2001. However, it was again placed before the District Compassionate Committee on 29th June, 2001 and 30th December, 2002 for consideration. But previous order dated 30th January, remained unchanged.