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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Namita Ghosh W/o Late Shanti Chandra Ghosh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This appeal has been filed against the judgment dated 21.12.2021 passed in W.P. (S) No. 1181 of 2017, whereby the writ petition filed by the appellant has been dismissed.
2. The appellant had filed the writ petition with a prayer for quashing the order dated 29.01.2016, so far it related to the late husband of the appellant, whose name appeared at S. No. 64 of the said order, by which the services of the late husband of the appellant was terminated by the State of Bihar after his death. The appellant had further prayed in the writ petition for a direction upon the respondents to appoint her son on compassionate ground as per the recommendation made by the establishment committee on 30.07.2016.
3. Before the learned writ Court, the appellant had raised various points including the point regarding passing of order of dismissal after death of her husband and that the State of Bihar had no jurisdiction to pass the order of termination when the husband of the appellant was lastly posted in the State of Jharkhand and continued to be in the State of Jharkhand till his death on 06.01.2016 and died while working at Primary Veterinary Hospital, Piska More
The court emphasized the importance of considering the relevant circulars in determining the validity of termination and the entitlement to compassionate appointment.
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Compassionate appointment is a benevolent scheme aimed at providing immediate financial relief to the family of a deceased government employee, and the requirement of being a 'local candidate' should....
Compassionate appointment denied due to delay, prior refusal indicating no immediate destitution, not a vested right exercisable after years.
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
[The court established that compassionate appointment claims must adhere to the rules in effect at the time of application, and that the presumption of civil death does not negate prior dismissals or....
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