JASHMATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner's husband Late Manbodh Baraik died in harness on 29.1.2003 while working as Kamdar in Plant Conservation Centre, Palkot, Gumla under the respondents. Upon his death, the petitioner being his widow, applied for compassionate appointment. The Deputy Director, Agriculture, Plant Conservation, Ranchi vide memo No. 376 dated 2.10.2004 recommended the case of the petitioner to the Deputy Commissioner -cum - Chairman, District Compassionate Committee, Gumla,

(2.) WHEN despite such representation seconded by the Deputy Director, Agriculture, Plant Conservation, Ranchi, petitioner was not given any compassionate appointment, she moved this court vide W.P.(S) No. 2393 of 2005. By order dated 22.6.2005, this court disposed of the writ application with a direction to the Deputy Commissioner -cum -Chairman, District Compassionate Committee, Gumla to take a decision on the application of the petitioner for compassionate appointment as expeditiously as possible preferably within a period of two months from the date of receipt/production of a copy of the order.

(3.) ASSAILING the impugned order, Shri Sunil Kumar, learned Counsel for the petitioner submits that the rejection of the petitioner's claim for compassionate appointment on the ground of her being illiterate and on the ground of her being over age, is totally against the settled principles of law as laid down by this court in several judgements. Learned Counsel would explain that the petitioner's claim for compassionate appointment is based upon the scheme maintained by the State Government in respect of the Government employees under which, upon death in harness of a Government employee, his dependent shall be given compassionate appointment. Learned Counsel explains that since the very purpose of compassionate appointment is to offer financial support to the dependents of the deceased employee, the criteria in respect of age end educational qualification cannot be strictly adhered to in the case of claim made by the widow of the deceased. Learned Counsel in this context, refers to and relied upon the Judgment of this court passed in the case of Maya Devi v. State of Jharkhand .