RABAB FATMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the panics. Petitioner's husband late Yaqub Ali Mirza died in harness on 9.2.2003 while he was working on UK, post of Constable in Excise Department in the office of Assistant Commissioner, Excise, Dhanbad Petitioner who is poor widow, applied for compassionate appointment. Respondent No. 3 Assistant Commissioner, Excise, Dhanbad directed the petitioner to submit original death certificate and on submission thereof, application of the petitioner for compassionate appointment was forwarded to the Deputy Commissioner, Dhanbad, who is Chairperson of the Committee. The Civil Surgcon -cum -Chief Medical Officer issued certificate regarding age of the petitioner. The case of the petitioner, thereafter, was considered by the District Compassionate Committee headed by Deputy Commissioner, Dhanbad but he claim was rejected on the ground that she is literate.

(2.) A counter affidavit has been filed by respondent No. 3, Assistant Commissioner, Excise, wherein it is staled that the Committee unanimously rejected the application of the petitioner as the petitioner is simply 'Sakshar'(literate) and the decision was communicated to the petitioner. Paragraph 10 of the counter affidavit is reproduced herein below :

(3.) CONSIDERING the said circular, this Court directed the Deputy Commissioner, Dhanbad by order -dated 14.3.2005) to file counter -affidavit. The matter again listed on 17.2.2006, but no counter affidavit was filed by the Deputy Commissioner, Dhanbad, although almost one year has already been passed. This Court again by order dated 17.2.2006 directed the State Counsel to file counter affidavit on behalf of the Deputy Commissioner. Learned State Counsel submitted that the aforesaid two orders were communicated to the Deputy Commissioner, Dhanbad but no one turned up to file counter affidavit. This Court took serious view of the matter and expresses anguish and displeasures to the manner by which orders of this Court have been disobeyed.