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Shivani Kumari v. the State of Jharkhand

Jharkhand HC8 Apr 2022WPC/1158/2021

Case brief

AI extract

What is this about?

The High Court directed the Respondent-DGP to consider the petitioner's case for appointment on compassionate ground within eight weeks and issue an appointment letter within three weeks if fit, as the case was already recommended.

What did the court decide?

Direction to respondent-DGP to consider petitioner's case for compassionate appointment within eight weeks and issue appointment letter within three weeks if fit.

Shivani Kumari Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S). No. 1158 of 2021

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Shivani Kumari ……… Petitioner . Versus 1. The State of Jharkhand 2. DGP-cum-Commandant General Home Guards, Jharkhand, Ranchi. 3. District Commandant, Jharkhand Home Guards Battalion, Gumla. ………. Respondents .

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The State of Jharkhand

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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

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----------For the Petitioner : Mr. Akshay Kr. Mahto, Advocate For the State : Ms. Jayshree Akhouri, AC to GP-I ---------- 06/ 08.04.2022 Heard the parties.

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2. Petitioner has approached this Court with a prayer for direction to the respondents to consider this case for appointment on compassionate ground. 3. As per the factual matrix, father of the petitioner, namely, Jaleshwar Sahu was working as Home Guard under the respondent-Department and on 21.12.2019, he died during the duty period. Thereafter, the petitioner applied for compassionate appointment as his father had died in harness. The same was duly considered by the Deputy Superintendent of Police and the case of the petitioner was recommended to the Commandant, Home Guards but till date no decision has been taken for appointment of the petitioner on compassionate ground. Hence, the petitioner has rushed to this Court.

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4. Mr. Akshay Kumar Mahto, learned counsel appearing for the petitioner submits that since the case of the petitioner has already been recommended to the Commandant, Home Guards, suffice it would be if a direction is given to the respondents to pass reasoned order and if it is found that petitioner is fit for appointment on compassionate ground, offer of appointment be issued in favour of the petitioner.

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5. Per contra, counter-affidavit has been filed. Ms. Jayshree Akhouri, learned counsel representing the respondent-State very fairly submits that the case of the petitioner has already been considered and the Deputy

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Superintendent of Police has already recommended the same to the Commandant, Home Guards to consider the case of the petitioner for his appointment on compassionate ground. Learned counsel submits that if a direction is given by this Court, a reasoned order to that effect shall be passed within a stipulated period of time.

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6. Be that as it may, having heard the arguments advanced by learned counsel for the parties, this Court is of the considered view that since the case of the petitioner has already been recommended by the Deputy Superintendent of Police, the respondent No. 2, Director General of Policecum-Commandant, Home Guards, Ranchi is directed to consider the case of the petitioner and if there is no other legal impediment, pass reasoned order regarding appointment of the petitioner on compassionate ground, within period of eight weeks. It is goes without saying that if the petitioner is found fit for appointment on compassionate ground, a letter of appointment to that effect be issued within a period of three weeks thereafter.

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7. Resultantly, the instant writ petition stands disposed of.

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(Dr. S.N. Pathak, J.)

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kunal/-

Shivani Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shivani Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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