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Jharkhand High Court · body

2017 DIGILAW 288 (JHR)

Maku Soren, daughter of Late Mangal Soren v. State of Jharkhand through the Secretary, Home Department, Ranchi

2017-02-10

S.N.PATHAK

body2017
JUDGMENT : Heard learned counsel for the parties. 2. The petitioner has come up with a prayer for appointment on compassionate ground after death of her father Late Mangal Soren, Hawaldar, posted in Garhwa, who died in harness. 3. The factual exposition of the case as stated in the writ petition is that father of the petitioner Late Mangal Soren who was posted as Hawaldar in the District of Garhwa, died in harness on 08.05.2007. Petitioner is the married daughter of deceased employee but she was completely dependent upon her father as her husband is mentally and physically ill. It is further stated that petitioner is looking after her mother, sister and her own husband but she has no independent source of income and, therefore, she is claiming appointment on compassionate ground after death of her father. It is further stated that just after death of her father, the son-in-law namely Pradhan Baski applied for appointment on compassionate ground on 14.01.2008. However, when no order was passed on said application, the petitioner preferred an application under Right to Information Act which has been duly replied vide letter no. 2420, dated 21.06.2014, making it clear that in view of the Circular of the State Government under memo no. 13293, dated 05.10.1991, the adoptive son, son-in-law, nephew etc are not dependent and as such not entitled for compassionate appointment and, therefore, claim was rejected and no information has been given to the legal heirs of the deceased employee. It is further stated that in reply to the RTI application, the Department through the office of Superintendent of Police, Garhwa, Jharkhand, vide letter no. 652, dated 24.02.2014 answered that no application has been received by the office regarding appointment of dependent of deceased employee Hawaldar Mangal Soren. The petitioner, thereafter, preferred an application on 09.09.2014 before the Superintendent of Police, Garhwa, for appointment on compassionate ground enclosing therewith other necessary documents. It is further stated that several representations have been made before the authorities concerned but case of the petitioner has not been considered and no order has been passed till date. 4. Learned counsel for the petitioner submits that petitioner has no independent source of income and she is facing great hardship in maintaining entire family. He further submits that petitioner fulfills all the requisite criteria and is the suitable candidate in her family. 4. Learned counsel for the petitioner submits that petitioner has no independent source of income and she is facing great hardship in maintaining entire family. He further submits that petitioner fulfills all the requisite criteria and is the suitable candidate in her family. All three sisters have given an affidavit in her favour. It is also submitted that petitioner has applied for her appointment in proper format but the respondents have not taken the case seriously and her claim has not been considered. The delay, if any, has occurred due to latches on the part of the respondents. Learned counsel further submits that a sympathetic view may be taken in the instant case for the ends of justice. 5. On the other hand, Mr. Chanchal Jain, learned J.C. to AAG draws attention of this Court towards counter affidavit filed by the respondents and submits that earlier case of son-in-law of the deceased employee was rejected as there was no such scheme prevailing in the State of Jharkhand for appointment of son-in-law on compassionate ground. Learned counsel further submits that recently the State Government has come with a Rule/Circular that now even the case of married daughters may be considered for appointment on compassionate ground if there are no other dependent in the family. Petitioner is the married daughter and hence her case can also be considered if she represents before the concerned authority. However, it has been denied that any representation is pending with respect to the petitioner. 6. Having gone through the rival submission of the parties, I am of the considered view that in view of the recent circular floated by the State Government, the case of the petitioner deserves consideration. As such, liberty is given to the petitioner to file a fresh representation before the respondent no. 3 along with relevant documents and a copy of this order within a period of four weeks from today. If such representation is filed by the married daughter of the deceased employee, the concerned respondent is directed to consider and verify the same and pass reasoned order within a period of two months from the date of receipt of the same. Needless to say if the petitioner is found entitled for the appointment on compassionate grounds, the same be granted to her within a period of two months thereafter. Needless to say if the petitioner is found entitled for the appointment on compassionate grounds, the same be granted to her within a period of two months thereafter. The petitioner is further directed to cooperate with the respondents and submit all relevant documents, if so required. 7. With the aforesaid observations and directions this writ petition stands disposed of.