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2009 DIGILAW 1046 (JHR)

Singi Urain v. State of Jharkhand

2009-07-28

D.G.R.PATNAIK

body2009
JUDGMENT : Petitioner, in this writ application, has prayed for an appropriate writ, order or direction commanding upon the Respondents to provide compassionate employment to the son of the petitioner, namely, Brajesh Lakra, on the ground that her husband, namely, Dukhan Uraon, who was employed as Class IV staff in the Health and Family Welfare Department, Government of Bihar, Patna had died in harness. 2. Heard the learned counsel for the petitioner, learned counsel for the Respondent-State of Jharkhand as also the Respondent-State of Bihar. 3. It appears that the husband of the petitioner was employed as a Government servant in the State of Bihar. Subsequently, he was transferred to the State of Jharkhand vide Memo dated 30.11.2006, issued by the Deputy Secretary, Health and Family Welfare Department, Government of Bihar. This was a provisional arrangement on the basis of his prayer for mutual transfer. While the order on the prayer of mutual transfer was pending, the petitioner’s husband had died. 4. The order on the prayer for mutual transfer was subsequently passed after the death of the petitioner’s husband and pursuant to the allowing of the prayer for mutual transfer, his counterpart from Jharkhand was allowed to join within the State of Bihar in the concerned Department and has also been absorbed there. It is in this condition of stalemate that neither of the prayers advanced by the petitioner, in respect of compassionate appointment to her son and for payment of the retiral dues to her husband, has been fulfilled. 5. It appears that by order dated 26.06.2009 a direction was given to the learned counsel for the State of Bihar as also the State of Jharkhand to exchange mutual correspondences, to find out the solution regarding the prayer of the petitioner, both for her compassionate appointment and payment of the retiral dues of the petitioner’s husband. Learned counsel for the State of Bihar submits that since the deceased-husband of the petitioner was transferred to Jharkhand on the basis of the decision taken for mutual transfer, the entire service records of the deceased-employee have been forwarded to the State of Jharkhand by the concerned Department in the State of Bihar, with a request to consider the petitioner’s prayers both for compassionate appointment and for payment of the retiral benefits. 6. 6. Learned counsel for the Respondent State of Jharkhand on the other hand, submits that since the deceased-husband of the petitioner had died, even before the final cadre transfer, the employee is deemed to be the servant of the Government of Bihar and not an employee of the Government of Jharkhand and, as such, the State Government of Jharkhand may not be liable to consider any of the grievances. 7. From the facts stated, this appears to be one of the instances which demonstrate the strange ways functioning of the Government authorities. Even though, it is admitted by the learned counsel for the State of Bihar that on the date when the decision for mutual transfer was finally taken by the concerned authorities of the State of Bihar, it was made known to them that the petitioner’s husband had already died. Yet, how could they proceed with the decision of mutual transfer and allow the other counterpart of the petitioner’s husband to take charge in the State of Bihar, is not known. For all practical purposes, the deceased-husband of the petitioner shall be deemed to continue as an employee of the State of Bihar. The mere fact that the other person, whose prayer for mutual transfer has been allowed and he has been allowed to join the State of Bihar, will not absolve the State of Bihar to undertake the responsibility both for the payment of the retiral dues, payable in the account of the deceased-husband of the petitioner and also for considering the petitioner’s claim for compassionate appointment to the son of the deceased-employee. 8. Considering the above facts and circumstances, the Respondent No. 6 is directed to ensure that the retiral dues, payable in the account of the deceased-husband of the petitioner is released and paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. The Respondent No. 6 shall also consider the petitioner’s prayer for grant of compassionate appointment to her son as per the applicable Rules in this regard. The amount of retiral dues shall carry interest @ six per cent per annum calculated from the date of this order. The authorities in the concerned department in the State of Jharkhand shall forthwith retransmit the service records and other relevant documents of the deceased employee to their counterparts in the State of Bihar. 9. The amount of retiral dues shall carry interest @ six per cent per annum calculated from the date of this order. The authorities in the concerned department in the State of Jharkhand shall forthwith retransmit the service records and other relevant documents of the deceased employee to their counterparts in the State of Bihar. 9. With these observations, this writ application stands disposed of. 10. Let a copy of this order be given to the learned counsel for the Respondent-State of Bihar as also to the Respondent-State of Jharkhand.