LAWS(JHAR)-2006-6-30

PUSHPA DEVI @ PUSHPA BARA Vs. STATE OF JHARKHAND

Decided On June 20, 2006
Pushpa Devi @ Pushpa Bara Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PETITIONER claims to be widow of late Bhukhla Oraon, who was serving as a Class IV employee and was posted in Civil Court, Gumla. Bukhla Oraon died in harness on 17th of June, 1999, petitioner claiming herself to be the widow and the sole legal heir, filed an application on 11th of July, 1999, before the District and Sessions Judge, Gumla seeking compassionate appointment. She also claimed pensionary/retiral benefits of the deceased employee. The District and Sessions Judge, Gumla sanctioned provisional pension in favour of the petitioner and paid the arrears from 18.06.1999 to November, 2001 and final pension was fixed at Rs. 1814/ - per month from December, 2001 to August, 2003 which came to be revised to Rs. 1938/ - per month from September, 2003 to October, 2003. On account of non -consideration of her claim for compassionate appointment, petitioner filed W.P. (S) No. 5062 of 2003 before this Court. This writ petition came to be disposed of vide order dated 14th of October, 2003 with a direction to the District and Sessions Judge, Gumla to look into the matter and dispose of the application, if any made for compassionate appointment. A further direction was issued to pass appropriate order for release of death -cum -retiral benefits as expeditiously as possible preferably within a period of two months. As a consequence of aforesaid directions issued by the High Court, the District and Sessions Judge, Gumla has passed the order dated 20th of January, 2004 impugned herein. Vide the impugned order not only the claim of the petitioner for compassionate appointment has been rejected, she has also been deprived of all the retiral benefits, which had been earlier granted to her as a widow of Late Bhukhla Oraon, the deceased -employee. Learned District and Sessions Judge while passing the impugned order relied upon statements of mother and brother of the deceased -employee and an Enquiry Report of Judge in -charge, Civil Court, Gumla, who was deputed to hold an enquiry in respect to the marital status of the petitioner Pushpa Devi Bara. As is evident from the impugned order, the Enquiry Judge in his Report dated 30th of July, 2003 has reported that petitioner was not legally married wife of Bhukhla Oraon, the deceased -employee. It is further reported that she was residing with the deceased -employee in illegal way with another male person. It also appears that the Enquiry Judge also recorded the statements of the mother and brother of the deceased -employee. Even the mother of the deceased -employee, namely, Bandhini Devi made an application seeking compassionate appointment in favour of her son Lalit Oraon, brother of the deceased -employee. This application also stands rejected vide the impugned order.

(2.) I have heard the learned Counsel appearing for the parties and perused the impugned order as also the material on record.