Allowed

Dipti Devi v. Health

Jharkhand HC12 Apr 2018WPC/1732/2017

Case brief

AI extract

What is this about?

This single-judge bench disposed of a writ petition seeking compassionate appointment for the petitioner, the wife of a deceased government employee. The court held that the mother-in-law's refusal to issue a No Objection Certificate is not a valid ground to deny the appointment and directed the respondent to assess the petitioner's qualifications and offer her a post subject to conditions.

What did the court decide?

The writ petition was disposed of with a direction to the Civil Surgeon-cum-Chief Medical Officer, Ranchi to assess the petitioner's educational qualification and offer her appointment on a suitable p

Dipti Devi Vs Health — Pension and Retirement Benefits | Jharkhand HC (2018)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

W.P.(S) No.1732 of 2017

¶4

Dipti Devi, wife of Late Balram Thakur, resident of village Konveer, Nawatoli, P.S Basia, District Gumla (Jharkhand)

¶5

.... Petitioner

¶6

-Versus-

¶7

The State of Jharkhand, through the Principal Secretary, Department of Health, having its office at Project Building, PO & PS-Dhurwa, District-Ranchi

¶8

Civil Surgeon-cum-Chief Medical Officer, Ranchi, P.O G.P.O, P.SSadar, District-Ranchi

¶9

Deputy Superintendent, Sadar Hospital, Ranchi, P.O-G.P.O, P.S.-Sadar, District-Ranchi ….... Respondents

¶10

------

¶11

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

¶12

----- For the Petitioner : Mr. Arpan Mishra,Adv. For the Respondents : Mr. Lalan Kumar Singh, AC to G.P-I

¶13

05/12.04.2018 Prayer in the writ petition is for compassionate appointment to the petitioner.

¶14

Petitioner is legally-wedded wife of the employee-Balram Thakur who died on 03.03.2011. He was employed on a IVth grade post under RINPAS and on 07.05.2004 he was transferred to Sadar Hospital, Ranchi. In the counter-affidavit dated 22.03.2018, the respondent-Civil Surgeon-cum-Chief Medical Officer, Ranchi has pleaded that inspite of notice, the petitioner has failed to submit requisite documents, one of the required documents is succession certificate.

¶15

The learned counsel for the petitioner submits that petitioner's mother-in-law has refused to give 'No Objection Certificate' to her.

¶16

On admitted facts, the deceased employee has no other claimant for appointment on compassionate ground except, the petitioner. May be, mother of the deceased employee has raised an objection, in the face of entitlement of the wife of the deceased employee and the fact that his mother cannot be offered appointment on compassionate ground, there is no need for producing succession certificate by the petitioner.

¶17

In my opinion, refusal by mother-in-law of the petitioner to issue 'No Objection Certificate', for whatever

¶18

¶19

reasons, cannot be a ground to decline compassionate appointment to the petitioner; the petitioner may be offered appointment subject to certain conditions.

¶20

In view of the aforesaid facts, this writ petition stands disposed of with a direction to the Civil Surgeon-cum-Chief Medical Officer, Ranchi-respondent no.2 to assess educational qualification of the petitioner for appointment and offer her appointment on a suitable post, subject to condition(s) which may be indicated in the offer for appointment.

¶21

(Shree Chandrashekhar, J.)

¶22

sudhir

Dipti Devi v. Health

Case brief

What is this about?

What did the court decide?

Dipti Devi v. Health

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.Savitri Sinha Vs Steel Authority of India Ltd.

Balua Kuer And Ors. Vs Rajendra Prasad Keshari And Ors.

Sakina Khatoon And Anr. Vs Bimla Devi And Ors.

Shrawan Kumar Gupta Vs Niranjan Kumar Gupta And Ors.

Khem Chand Ram Vs Bihar State Road Transport Cor

Dipak Thakur Vs The State Of Jharkhand And Ors.