MARCHHI DEVI, WIFE OF LATE CHATURGUN RAM, RESIDENT OF VILLAGE KACHRA, P.O.KAMGARPUR, P.S.HUSSAINABAD, DISTRICT PALAMAU, JHARKHAND Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has preferred this writ petition with a prayer for quashing the order dated 12.09.2012 contained in Gyapank 18 Mu./Estha. issued by the Deputy Commissioner, Palamau and further for appointment on compassionate ground.

(2.) The husband of the petitioner was appointed as Assistant Teacher on 28.04.1986 at Primary School, Hutukdag, Chhatarpur, Palamau. Husband of the petitioner working as Assistant Teacher at Primary School, Hutukdag, Chhatarpur, Palamau died in harness on 28.08.1995. After the death of her husband the petitioner applied for appointment on compassionate ground on 09.01996 in the office of District Education Officer, Palamau. Thereafter, several reminders/representations for appointment on compassionate ground were submitted by the petitioner before respondent authorities dated 15.05.2010 and 27.04.2012 and several others annexed in the writ petition. On 25.06.2012, petitioner also submitted an application for appointment of her son, namely, Mithilesh Kumar on compassionate ground on Class IV post if at all she was not eligible for appointment. The case of the petitioner was rejected by District Appointment Committee on 11.09.2012 communicated to her vide order dated 109.2012 on the ground that she is non matriculate. Hence, this writ petition.

(3.) Mr. Ziaul Haque, learned counsel for the petitioner assisted by Mr. Matinuddin Khan submits that the petitioner applied for her appointment on compassionate ground on 09.02.1996 in the office of District Education Officer, Palamau and at that relevant point of time the qualification for appointment on compassionate ground for Class IV post was Class VIII and as such the respondents have illegally and arbitrarily rejected the claim of the petitioner for her appointment on compassionate ground.