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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RATNAKER BHENGRA, JJ.
Most Dropati Devi – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. No. 160 of 2020
Decided On : 12-06-2023
Letters Patent - Post on compassionate ground – Application – Condonation of delay – Whether on date of death , was there any circular to provide appointment on compassionate ground in favour of dependent of deceased civilian – Held, Court for reason that beneficial piece of legislation can be taken to be generously unless such condition is provided under scheme – In absence of any such condition in scheme, there cannot be any direction for appointment on compassionate ground in garb of beneficial piece of legislation since competent authority has not come out with a decision to provide appointment on compassionate ground – Writ petitioner since has approached court after lapse of 20 years that too after settlement of claim in favour of petitioner No. 1, widow of the civilian, who has been paid amount of compensation on basis of rules available at that time – Court, on basis of discussion made hereinabove is of considered view that order passed by learned Single Judge requires no interference – Appeal dismissed
ORDER :
I.A. No. 2797 of 2020
1. The present Interlocutory Application has been filed for condonation of delay of 62 days in filing the instant appeal.
2. Heard learned counsel for the parties.
3. No counter affidavit has been filed opposing the prayer for condonation of delay.
4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.
5. Accordingly, I.A. No. 2797 of 2020 is allowed and the delay in preferring the appeal is condoned.
L.P.A. No. 160 of 2020
6. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 28.11.2019 passed by learned Single Judge of this Court in W.P. (S) No. 6901 of 2016 by which the learned Single Judge has refused to interfere with the decision taken by the authority on 05.08.2014 by which the claim of the writ petitioner for appointment on compassionate ground has been rejected.
7. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:
Thereafter, the Deputy Commissioner, Giridih has recommended for the appointment of the petitioner No. 1 Most. Dropati Devi, in IVth grade and sent his recommendation to the Secretary, Personnel and Administrative Reforms Department, Bihar, Patna vide latter dated 11.06.1996.
Thereafter, several reminders were sent by the petitioner No. 1 to the respondents but no action regarding appointment on compassionate ground has been taken by the respondents.
The petitioner No. 2, Bhola Kumar Yadav, thereafter, has given an application to Chief Secretary, Jharkhand on 22.01.2014 stating that father of the petitioner No. 2 has been killed by the extremist on 30.04.1996, his mother Most. Dropati Devi had given application to the Deputy Commissioner, Giridih for appointment on compassionate ground as per provision of Government but she has not been appointed.
It is the case of the petitioner that petitioner No. 2 has also given petition to Chief Minister, Jharkhand Government as well as to the Prime Minister of India for the appointment on compassionate ground as per Government provision.
The Secretary, Home Department, Jharkhand Government called for the detailed report from the Deputy Commissioner, Giridih in the light of the letter of Chief Minister, Jharkhand and the Prime Minister of India for the appointment on compassionate ground to the dependent Bhola Kumar Yadav, petitioner No. 2 son of Late Khoshi Yadav @ Ramdeo Yadav who has been killed by the extremist.
In pursuance to the aforesaid, the Land Reform Deputy Collector, Giridih has submitted detailed report to the Additional Collector, Giridih vide letter dated 02.07.2014 after proper enquiry.
Thereafter the Additional Collector, Giridih sent a letter to under Secretary, Home Department, Jharkhand, Ranchi vide letter dated 14.07.2014 inclosing the letter of Land Reform Deputy Collector, Giridih alongwith enquiry report and the required documents.
The decision was taken by the concerned authority on 05.08.2014 by rejecting the aforesaid claim.
8. It is evident from the factual aspect as referred hereinabove that the father of the writ petitioner No. 2 was killed in the extremist activity on 30.04.1996, in the district of Giridih.
The widow of the deceased made an application on 02.05.1996 for appointment in the 4th grade Government post on compassionate ground as well as for monetary compensation. The decision was taken by the concerned authority on 05.08.2014
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