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2017 DIGILAW 231 (JHR)

Sabina Khatoon, wife of Late Naim Ansari v. State of Jharkhand

2017-02-03

S.N.PATHAK

body2017
ORDER : Heard learned counsel for the parties. 2. The instant writ petition has been filed with a prayer for direction upon the respondents to accept joining or appoint the petitioner on Class-IV post in the District of Chatra as per memo no. 4522, dated 18.08.2016, issued by Deputy Secretary to the Government of Jharkhand, Department of Home (respondent no. 2) as her husband died in extremist violence in the year 2009. 3. The fact of the case as has been delineated in the writ petition is that in the year 2009, husband of the petitioner died in extremist violence in the district of Chatra. In view of policy decision of the State Government, the petitioner was provided joining letter issued by the Deputy Commissioner, Chatra vide memo no. 39, dated 17.02.2016 in the premises of Hon'ble High Court of Jharkhand at Ranchi in the National Lok Adalat in presence of Hon'ble Justices of the Apex Court as well as in presence of Hon'ble Chief Justice and other companion Judges. In view of said joining letter, the petitioner joined as a peon in the Collectorate of Chatra and started her attendance through Biometric System and after passing few months she received a letter issued by Deputy Commissioner, Chatra whereby her joining has been rejected on the ground that her educational certificate is not issued by the competent authority of a recognised institution. Further, it has been stated that the Deputy Commissioner also wrote letter to the Additional Secretary, Department of Home, Jail and Disaster Management, Government of Jharkhand, Ranchi vide memo no. 275, dated 30.05.2016 and requested for relaxation for two years for passing matriculation from the recognised institution. Thereafter, the Deputy Secretary to the Government, Department of Home, Jail and Disaster Management, Government of Jharkhand issued letter to the Deputy Commissioner, Chatra and recommended the proposal of Deputy Commissioner, Chatra and requested to appoint the petitioner on 4th Grade in Chatra Collectorate immediately. 4. It is submitted that in view of letter issued by the Deputy Secretary to the Government, Department of Home, Jail and Disaster Management, Government of Jharkhand the petitioner made a representation to the Deputy Commissioner, Chatra on 21.09.2016 and requested to appoint her as per memo no. 4522 dated 18.08.2016. The Deputy Commissioner, Chatra, instead of appointing the petitioner, issued a letter to her vide memo no. 4522 dated 18.08.2016. The Deputy Commissioner, Chatra, instead of appointing the petitioner, issued a letter to her vide memo no. 527, dated 27.09.2016 whereby she has been informed that she has to produce the educational qualification within two years otherwise her appointment shall be cancelled. The petitioner kept on making representations and requested to appoint her in view of letter vide memo no. 452, dated 18.08.2016, issued by the Deputy Secretary, Department of Home but no heed has been paid till date. 5. Mr. Anil Kumar Sinha, learned counsel appearing on behalf of the petitioner submits that as the petitioner was already issued appointment letter and he had also joined pursuant to that, the Deputy Commissioner himself had passed an order for acceptance of joining of the petitioner which was also affirmed by the Home Department, the action of the respondents in not accepting the joining is arbitrary and is not in accordance with law. 6. Mr. Chanchal Jain, learned counsel appearing on behalf of the State very fairly submits that in view of Annexure4 the petitioner's appointment ought to have been confirmed. 7. Considering the submission and in view of the fact that already letter has been issued by the Home Department for appointment of the petitioner on Class-IV post, therefore, I do not feel it necessary to direct the respondents for issuance of fresh appointment letter rather the respondents are directed to comply their own letter within a period of four weeks from the date of receipt/ production of a copy of this order. It is necessary to mention here that the earlier appointment letter was issued in the premises of Hon'ble High Court of Jharkhand in National Lok Adalat, the respondents are further directed to take immediate steps for compliance of the earlier direction and for acceptance of the same. 8. With the aforesaid observations and directions this writ petition stands disposed of.