LAKSHMI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard.

(2.) Petitioner has approached this Court with a prayer for quashing memo no. 1231 dated 29.05.2012 (Annexure 14) by which claim of her son Abhay Nayak for compassionate appointment has been rejected. Petitioner has further prayed for appointment of her son on compassionate ground without any further delay and to pay death-cum-retiral benefits payable to her deceased husband along with family pension with interest.

(3.) The factual exposition as has been delineated in the writ petition is that late husband of the petitioner Harigovind Ram was posted on a newly sanctioned post vide memo no. 21, dated 17.01.1980. After working for some period in the office of Chief Engineer (Communication), Road Construction Department, Ranchi, petitioner's husband died in harness on 08.12.199 After his death, second son of the petitioner Sanjay Kumar Nayak applied on 01.01994 for his appointment on compassionate ground with a copy of death certificate of his father and other relevant documents. The second son of the petitioner Sanjay Nayak was not given compassionate appointment and as such, the family of the petitioner faced extreme financial crisis having no means of livelihood. The petitioner preferred representation dated 28.09.1994 for release of amount towards Provident Fund, Gratuity, Leave Encashment payable to her late husband and also for sanction of family pension. In view of said representation, amount of group insurance was released to the petitioner. It has been stated that when after lapse of more than 11 years, the case of second son of the petitioner Sanjay Kumar Nayak for appointment on compassionate ground was not considered though the Chief Engineer recommended for giving him appointment on the post of clerk which fell vacant due to sad demise of his father, said Sanjay Kumar Nayak suffered from depression. Thereafter, the 3rd son of the petitioner Abhay Nayak who was minor at the time of death of his father, with consent of the petitioner and other members of bereaved family, applied for providing him appointment on compassionate ground in prescribed format on 11.05.2005. When the petitioner's family was deprived of the family pension, Gratuity, Provident Fund payable to her late husband, said Abhay Kumar (son) represented on 08.09.2005 before the respondents authorities mentioning therein that neither compassionate has been given to the bereaved family nor pension has been finalised due to which entire family is at the verge of starvation. Thereafter, petitioner and her son filed several representations but no heed has been paid towards their grievance. Thereafter, the Deputy Secretary to Government of Jharkhand, Road Construction Department, Jharkhand, Ranchi vide his memo no. 3407(S) dated 15.05.2012, sought for report from the Chief Engineer regarding steps taken by him for providing appointment to son of the petitioner namely Abhay Nayak. However, vide letter no. 1231, dated 29.05.2012, the Chief Engineer (Communication), Road Construction Department, Jharkhand rejected claim of son of the petitioner for appointment on compassionate ground on the ground of delay of about 18 years. Being aggrieved, petitioner has filed the instant writ petition