Mostt Asha Devi Vs. the State of Jharkhand and ors - Court Judgment

INTHEHIGHCOURTOFJHARKHADATRANCHI W.P.(S)No.8080of2012 Mostt. Asha Devi ....... Petitioner Versus The State of Jharkhand & others......Respondents. ----- CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.ChandrajitMukherjee,Adv. FortheRespondents :Mr.SrijitChoudhary,Adv. ----- 2/16.8.2013 Heard learned counsel for the parties. Vide Annexure-4 dated 3rd January, 2012, the application for compassionate appointment made by the petitioner on account of death of her husband in harness on 29th April, 1989, has been rejected by the Chief Medical Officer-cum-Civil Surgeon, Dumka. From perusal of the impugned order, it appears that the application in the prescribed format was made by the petitioner for consideration of her case on compassionate ground on 29th October, 2008. The death of the employee husband of the petitioner occurred on 29th April, 1989 itself while working as driver in the Primary Health Centre, Gopikanda, Dumka and the date of birth of the petitioner has been found to be 29th April, 1987. The time limit for making application for compassionate appointment is 5 years under the relevant departmental circulars which have been quoted in the impugned order. Learned counsel for the respondents also supports the aforesaid impugned order on the ground that the application itself was grossly barred by time and could not have been considered in view of the settled law laid down by Hon'ble Supreme Court. In view of the aforesaid facts and circumstances, the employee had died in harness on 29th April, 1989 after about 19 years almost the application had been made for compassionate ground beyond the time period for making such an application the order impugned cannot be found fault with. Even otherwise in a matter of compassionate appointment, the law as has been settled by Hon'ble Supreme Court clearly lays down that it is meant to provide succor to the dependents of the deceased immediately after the death of the employee in harness in order to prevent them from destitution and penury. After almost 26 years of the death of the employee, therefore, no grounds are made out to interfere in the impugned order whereunder the application for compassionate appointment has been rejected. Accordingly, this writ application is dismissed. (Aparesh Kumar Singh, J) jk