ANITA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred against an order passed by the Respondent No.3 dated 29th June, 2002 at an Annexure - C to the counter -affidavit, whereby, an application for compassionate appointment of the petitioner was dismissed on the ground that the husband of the present petitioner was appointed illegally and, therefore, widow of the deceased employee i.e. the present petitioner is not entitled for compassionate appointment.

(2.) LEARNED counsel appearing for the petitioner has submitted that the husband of the present petitioner has served the respondents for a much longer period who expired on 15th September, 1997, and thereafter an application was preferred by the widow of the deceased employee i.e. by the present petitioner for getting employment on compassionate ground, in pursuance of the scheme, floated by the respondents. This application was dismissed by the Respondent No.3 vide order dated 29th June, 2002 on the ground that service of the petitioner's husband was declared illegal, because he was appointed illegally, on the basis of some circular issued after the death of the husband of the present petitioner. Petitioner's husband expired in September, 1997 and the services of the husband of the petitioner was declared illegal on the ground of a circular issued on 23rd October, 1998. This reason is not a reason in the eyes of law. A circular issued after the death of the petitioner's husband cannot be a basis for declaring the appointment of her husband as illegal. In fact, after the death of an employee, management cannot declare that the deceased employee was appointed illegally. This reason is not permissible in the eyes of law, even as per the decision rendered by this Court at Annexures -5 & 6. Learned counsel appearing for the petitioner has relied upon in a decision rendered by this Court reported in 2005 (2) J C R 338 (Jhr) On the basis of the aforesaid decision it has also been contended that compassionate appointment cannot be denied on the ground that the deceased employee was illegally appointed. This declaration cannot be made by the Management after the death of an employee. This aspect of the matter has not been appreciated at all by Respondent No.3 while passing the orderdated 29th June, 2002 at Annexure - C to the counter -affidavit filed by the respondents and hence the same deserves to be quashed and set aside.

(3.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances, I hereby quash and set aside the order passed by the Respondent No.3 dated 29th June, 2002 at Annexure -C to the counter -affidavit, filed by the respondents mainly for the following fact and reasons: -