- (1.) HEARD counsel for the parties.
(2.) THE petitioner's husband died while working as a Head Constable in Baghmara Police Station, Dhanbad on being shot on 30th January 1991 while on duty. The son of the present petitioner Kunal Kishore Singh was minor at the relevant point of time having date of birth as 5 th January 1988. On attaining the age of majority on 5th January 2006 and on completion of age of 21 years on 5th January 2009, the petitioner widow applied for his compassionate appointment in place of her deceased husband. However, the same was rejected by order dated 24th December 2011 in view of the Memo No. 6817 dated 25th May 1989 which laid down the time limit of five years for making such an application for compassionate appointment. The writ petitioner approached this Court in WPS No. 4115/2012 which was disposed of with a direction to the respondents to consider the case of the petitioner sympathetically within a period of sixty days as also looking into the financial status of the petitioner and whether she is still unemployed. Once again, by the impugned order contained at Annexure -10, the claim for compassionate appointment has been rejected by order dated 18th December 2012 passed by the Superintendent of Police, Dhanbad, on the ground that the claim is itself time barred being beyond the period of five years. It also refers to Memo dated 6 th December 2012 laying down the guidelines in the matters of compassionate appointment. The petitioner has once again assailed the same.
(3.) RESPONDENTS have defended their action with the main plea that after 22 years of death of the bread earner of the family, such appointment on compassionate ground cannot be made in view of catena of judgments rendered by the Hon'ble Apex Court.;