Veena Devi vs State of Jharkhand and Others

M.Y. Eqbal, J.—Heard the parties. No counter affidavit has been filed by the respondent-State although this Court by order dated 12.12.03 allowed sufficient time to file counter affidavit.

The matter relates to compassionate appointment. The petitioner''s husband was a sweeper and employed under the respondent No. 4-CiviI Surgeon-cum-Chief Medical Officer. Dumka. He died in harness on 21.4.1999. After his death, the petitioner being the widow applied for compassionate appointment, which has been rejected by the impugned order dated 4,3.03 on the ground that qualification of the petitioner was up to Class V only.

According to the respondents, the qualification for appointment on class IV post is "Class VIII pass."

I do not find any justification in rejecting the name of the petitioner for compassionate appointment on the ground of qualification. The petitioner being the widow of a sweeper and belonging to scheduled caste category could have given the benefit on compassionate ground for appointment on the said class IV post in which her late husband was working. Learned counsel for the petitioner submits that the petitioner, in fact, applied for the post of sweeper in place of her husband, who died in harness. In that view of the matter the qualification is totally immaterial for the purpose of giving compassionate appointment on the post of sweeper. The impugned order, therefore, cannot be sustained in law.

Accordingly, this writ petition is allowed the mpugned order is quashed and the matter is sent back to the respondents to take a fresh decision within a period of three weeks from the date of receipt of a copy of this order.