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SUJIT NARAYAN PRASAD
Pinki Kumari – Appellant
Versus
State of Jharkhand – Respondent
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
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 applicat....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment is a concession, not an absolute right, and should be granted strictly in accordance with the terms and conditions, without diluting the eligibility criteria.
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