RANJU DEVI, DAUGHTER OF LATE JANARDAN PANDIT, RESIDENT OF VILLAGE KHANPURA, P.S. PALIGANJ, DISTRICT PATNA (BIHAR) Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the order dated 06.11.2013 issued by the under secretary, Water Resources Department, Government of Jharkhand as contained in Annexure-3 to the writ petition, by which the compassionate appointment of the petitioner has been turned down on the ground that the petitioner is the married daughter and is not a 'dependent' as per the Scheme.

(2.) The petitioner claims that the impugned order is absolutely bad and just because she is a married daughter her case could not have been rejected. She further claims that a married daughter has also right to be appointed on compassionate ground if her parents die in harness.

(3.) Counsel for the respondents have filed counter affidavit and has submitted that a married daughter, as per the Scheme is not a 'dependent' and, as such, the impugned order has rightly been passed by the authority concerned. Counsel for the respondents relies upon a Circular of the State of Bihar dated 05.10.1991, which is issued by the department of Personnel and Administrative Reforms and Rajbhasha, Government of Bihar (adopted by the Government of Jharkhand), wherein it has been mentioned clearly that following persons are treated to be a dependent of the deceased:- (1) widow, (2) son, (3) unmarried daughter and (4) widow of a son.