NUTAN LAKRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is the case of the petitioner that her husband Jayant Lakra while was posted as a Constable in 112 Battalion of Border Security Force, in the Indo -Bangladesh Border Area of Dhubin (Assam), died of malaria on 25.3.2000. Thereupon the petitioner having a minor child started facing acute financial problem and, therefore, the petitioner did apply before the authority of the Border Security Force for giving appointment on compassionate ground. On such request being made by the petitioner, the authority of the Border Security Force forwarded the application of the petitioner before the Chief Secretary, Government of Jharkhand for doing needful in the matter of compassionate appointment in terms of resolution as contained in memo no.5(48) 09/2003, Ranchi dated 15.6. 2004 (Annexure 3), wherein the policy decision has been taken for giving employment to the widow/dependents of the members of the armed forces like Border Security Force etc. who laid their lives for service of the nation and intimation to that effect was given to the petitioner but when no order in this regard was passed, the petitioner made representation before the Chief Secretary, Government of Jharkhand, respondent no.2 but that also did not move the authority and therefore, this writ application was filed with a prayer to direct the respondent to give suitable employment to the petitioner on compassionate ground in terms of the resolution dated 15.6.2004 (Annexure 3).

(2.) LEARNED counsel appearing for the petitioner submits that Government of Jharkhand under resolution as contained in memo no. 5(48) 09/2003, Ranchi dated 15.6. 2004 (Annexure 3) has taken a decision to give employment to the widow/dependents of the personnel of para -military forces, who laid down their lives while performing duties on the border or in combating terrorist activities and when the husband of the petitioner died, while he was posted as a constable of Border Security Force, the authority of Border Security Force made recommendation for giving appointment on compassionate ground to the petitioner as she was fulfilling all the criterias entitling her to be appointed in terms of the said resolution of the Government, but the respondent has not taken any decision in this respect.