Writ petition seeking compassionate appointment as the sole daughter of a deceased teacher. Court noted the rejection order was not challenged herein, thus dismissed the petition. Advised filing separate writ against rejection order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 1916 of 2010
Indu Kumari Sinha
Petitioner
Versus
State of Jharkhand and Ors.
Respondents
--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner: Dr.Amita Srivastava Adv. For the State :- Miss Sunita Kumari A.C to S.C (mines) Adv.
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3/Dated: 2.07.2019
In this writ petition, the petitioner has prayed for direction to the respondents to appoint the petitioner on compassionate ground, being the sole dependent /daughter of her deceased mother, who was a primary teacher at Middle School Mochisai Chaibasa who died in harness on 15.1.1997 leaving behind this petitioner as her only legal heirs and successor.
The petitioner made an application on 1.2.1997 before the then headmaster for payment of death-cum- retiral dues of her mother and also for compassionate appointment of the petitioner. On the application dated 1.2.1997 made by the petitioner, order for payment earned leave was ordered to be paid by the respondent no.4 and subsequently the same was paid to the petitioner and a sum of Rs. 24,000/- against Group Insurance was also paid to the petitioner by the respondent no.4. It is stated that 90% of gratuity was sanctioned and ordered to be paid to the petitioner .The learned counsel for the petitioner submits that so far as monetary dues are concerned, she has received everything. Prayer in this case is confined only on compassionate appointment. Learned counsel for the petitioner submits that case of the petitioner is covered by several judgments of this court.
The learned counsel for the respondents submits that on receipt of application on prescribed proforma it was forwarded before the District Compassionate
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Committee Chaibasa for consideration which was considered in its meeting dated 2.6.2008 and the same has been rejected vide order order dated 25.6.2008.It is stated that respondent no.4 requested the Establishment Deputy Collector, Chaibasa for consideration of petitioner claim for appointment on compassionate ground. The Deputy Collector Establishment, Chaibasa intimated the respondent that claim of the petitioner has been rejected in its meeting dated 2.6.2008.The respondent intimated the decision of compassionate committee dated 29.4.2009 to the petitioner which has been received by the petitioner, which she has acknowledged on 2.5.2009, it shows that the petitioner has full knowledge of the progress of her claim. The petitioner has not challenged this rejection order in this writ petition. Rejection of the compassionate appointment is on the ground that the petitioner is married lady and in view of the scheme of the compassionate appointment, married daughter is not entitled for compassionate appointment
Having heard the learned counsel for the parties, this court finds that the order which has been passed rejecting the claim of the petitioner on compassionate ground is not under challenge in this writ petition. Thus no relief can be granted to the petitioner. It is accordingly dismissed.
It goes without saying that if so advised, the petitioner may prefer any writ petition challenging the order whereby the compassionate appointment of the petitioner has been rejected.
(Sanjay Kumar Dwivedi, J.)
SD
1 issue framed by the court
Whether compassionate appointment can be granted to a married daughter of a deceased government teacher.
Indu Kumari Sinha
State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
