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Jharkhand High Court · body

2016 DIGILAW 1632 (JHR)

Gudliba Kujur v. State of Jharkhand

2016-12-03

S.N.PATHAK

body2016
ORDER : Heard learned counsel for the parties. 2. The petitioner has come out with a prayer for appointment of her younger son on compassionate ground as her husband died in harness on 01.09.2001 and when the appointment of her elder son Ishwar Chand Oraon on compassionate basis was under consideration, he also died on 01.09.2009. 3. The brief fact of the case is that petitioner's husband namely Jitendra Oraon was appointed as a peon in the office of District Education Officer. He joined the service on 17.04.1989 and while working as a peon, he died on 01.09.2001 leaving behind his wife (petitioner), two sons namely Ishwar Chand Oraon and Roshan Tigga and one daughter namely Usha Kumari. After death of her husband, the petitioner received death-cum-retiral benefits including pension etc. vide memo no. 194/Gumla, dated 18.02.2002 and memo no. 193/Gumla, dated 18.02.2002. After death of her husband, the petitioner applied for appointment of her elder son Ishwar Chand Oraon on compassionate ground. However, while the appointment process of petitioner's elder son Ishwar Chand Oraon was under process, he died on 01.09.2009. After death of Ishwar Chand Oraon, the petitioner filed an application on 03.01.2014 for appointment of her younger son Roshan Tigga on compassionate ground, however the respondents have not taken any decision in this regard. 4. Learned counsel appearing for the petitioner submits that petitioner has a good ground for appointment of her younger son on compassionate ground as while the application for appointment of her elder son was pending consideration, he died. The petitioner has duly filed affidavit regarding family members and also supplied information regarding other queries. When no reasoned order was passed, the petitioner again represented before the District Education Officer, Gumla on 12.12.2014 but till date no order has been passed. 5. Learned counsel for the state draws attention of this Court to paragraphs12 and 13 of the Counter affidavit and further submits that though the dates of death of husband and that of making representation are disputed, he fairly submits that if fresh application is filed by the petitioner, the same may be considered in accordance with law. 6. Considering submission of the parties, the petitioner is given liberty to file a fresh representation before the respondent no. 3 along with relevant documents within a period of three months from today. 6. Considering submission of the parties, the petitioner is given liberty to file a fresh representation before the respondent no. 3 along with relevant documents within a period of three months from today. If such representation is filed by the petitioner, the concerned respondent is directed to consider and verify the same and pass reasoned order within a period of four months from the date of receipt of the same. Needless to say if the petitioner's younger son is found entitled for compassionate appointment, the same be granted to him within a period of four weeks thereafter. 7. With the aforesaid observations and directions this writ petition stands disposed of.