The main legal point established in the judgment is that the purpose of appointment on compassionate ground is to provide immediate succor to the bereaved family, and the delay in filing the application beyond the stipulated period of limitation is not justified. The court emphasized the importance of adhering to the conditions provided in the scheme/rule and the constitutional provisions of Article 14 and 16.

JUDGMENT :

1. The instant writ petition has been filed for quashing memo dated 11.10.2021 by which the claim of the writ petitioner for appointment on compassionate ground as lady constable has been rejected on the ground that application filed by the petitioner is after delay of 15 years, which is contrary to the statutory provision as contained under letter no. 10167/(Anu) dated 01.12.2015 wherein the period of limitation for filing the application for compassionate appointment is five years.

2. Brief facts of the case, as per pleading made in the writ petition, reads as under:

3. The father of the writ petitioner while posted as Assistant Sub-Inspector of Police died in harness on 22.12.2006. It is the case of the petitioner that since a dispute arose regarding successor of deceased-employee as such the petitioner has to file succession case being Succession Case No. 09 of 2009 for issuance of succession certificate, which was allowed vide order dated 18th September, 2016 and thereafter, Succession Certificate was issued on 03.05.2019 only then the petitioner submitted application on 08.05.2021 before Superintendent of Police, Sareikella-Kharsawan for appointment as Lady Constable on compassionate ground, who recommended her name before Deputy Inspector General of Police (Budget), Jharkhand.

4. The Deputy Inspector General of Police (Budget), Jharkhand rejected the claim of the petitioner vide order dated 11.10.2021 stating that the application since has been filed beyond the period of limitation of 5 years, hence the same is time-barred.

5. It is evident from the factual aspect that the writ petitioner has filed application on 08.05.2021 for appointment on compassionate ground after death of his father, who died on 22.12.2006, which is admittedly filed after delay of 15 years.

6. The authority has examined her application and rejected the same as the same was filed after inordinate delay of 15 years, which is beyond the period of limitation of five years as stipulated under rule as contained in letter no. 10167/(Anu) dated 01.12.2015.

7. The said order is under challenge before this Court on the ground that the reason for filing the belated application for consideration of such claim is due to the dispute in the family for succession for which the competent court of civil jurisdiction has been approached for succession certificate which has been issued after lapse of about 10 years in the year 2019 and only thereafter the application for consideration of such claim has been made after succession certificate having been granted in favour of writ petitioner.

8. The contention has been made that before rejecting the aforesaid claim, the authority did not consider the aforesaid fact and passed the impugned order as such the same is not sustainable in the eye of law.

9. Counter affidavit has been filed on behalf of State.

10. Learned counsel for the respondents-State by putting reliance upon the averments made therein has submitted that the application filed after lapse of about 14 years from the date of death of father of the petitioner which is the main reason for rejecting the claim of the petitioner as application for appointment on compassionate ground was to be filed within the period of five years from the date of death of deceased-employee.

11. As such submission has been made that the impugned order passed by the respondent-authority suffers from no error as such the instant writ petition is fit to be dismissed.

12. We have heard learned counsel for the parties, perused the pleading available on record as also the impugned order passed by the competent authority.

13. The legality and propriety of impugned order dated 11.10.2021 is the subject matter of instant writ petition. The writ petitioner has submitted application for appointment on compassionate ground on the post of lady constable which was rejected on the ground that the application has been filed after delay of 15 years. Purpose to assign such reason in the impugned order