LAWS(JHAR)-2017-1-182

MADHURI DEVI Vs. STATE OF JHARKHAND

Decided On January 27, 2017
MADHURI DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has filed the instant writ petition with a prayer for quashing the order contained in Memo No. 805, dated 12.04.2012, passed by Principal Secretary, Finance Department, Government of Jharkhand, Ranchi whereby claim for appointment of petitioner no. 2 on compassionate ground has been rejected.

(3.) The facts in short as has been delineated in the writ petition is that Shiv Murat Singh was appointed as Assistant in Bihar State Construction Corporation Limited, Patna on 01.07.1989. After winding up of the Corporation by the then State of Bihar, the employees of various Corporations were deputed in various department of the Government as per requirement on the basis of eligibility criteria. Pursuant to the letter no. 456, dated 14.03.1997, Shiv Murat Singh and others were relieved. Thereafter, Shiv Murat Singh gave his joining at Deoghar Treasury on 09.04.1997. The Finance Department (Treasury & Accounts Directorate), Government of Bihar vide its letter no. 220, dated 17.03.1998, informed all the Treasury Officers that as per decision of the Government, the deputed employees from the different Corporations are entitled for pay protection. Pursuant to order dated 22.06.2001, Shiv Murat Singh was transferred from Deoghar Treasury and he started discharging his duties in Ranchi Treasury. Since the services of the employees of the Bihar State Food & Civil Supplies Corporation Limited, Patna including other Corporations like Bihar State Construction Department was not being adjusted by the Government of Jharkhand nor they were sent back to the parent department and as such, the Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Patna vide its letter dated 08.04.2005 requested the Finance Commissioner, Government of Bihar, Patna as also Government of Jharkhand, Ranchi to send services of deputed employees back within sixty days. However, the Special Secretary, Finance Department, Government of Jharkhand, Ranchi, vide its letter dated 09.05.2005 replied the Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Patna that the employees who had come on deputation, have got experience of Treasury work and their deputation is not like an ordinary deputation and as such requested to recall the letter by which it was decided to call back the services of deputed employees. However, due to laches on part of the respondents, Shiv Murat Singh could not be absorbed and in the meanwhile he died in harness on 13.01.2010 leaving behind his widow (petitioner no. 1), two sons (including petitioner no. 2), old and ailing mother and a brother. After death of Shiv Murat Singh, the family members did not receive death-cum-retiral dues nor the eldest son was given compassionate appointment though application in prescribed format along with relevant and required documents was duly made on 17.03.2010.