KANAK KUMARI Vs. NATIONAL INSTITUTE OF TECHNOLOGY
LAWS(JHAR)-2006-2-42
HIGH COURT OF JHARKHAND
Decided on February 22,2006

Kanak Kumari Appellant
VERSUS
NATIONAL INSTITUTE OF TECHNOLOGY Respondents

JUDGEMENT

- (1.) THE husband of appellant, late Arun Kumar, who was Lecturer in Regional Institute of Technology, Jam -shedpur (now known as National Institute of Technology, Jamshedpur -NIT, Jamshedpur for short), died in harness of 17th May, 2003. The widow applied for compassionate appointment but her case having not been considered and the order of appointment having not been issued. She moved before this Court but the learned Single Judge rejected the writ petition on the ground that there is a complete ban on any fresh ap -pointment/recruitment.
(2.) THERE being no material on record to suggest that there is a complete ban of appointment/recruitment of non -teaching employee. Counsel for NIT, Jamshedpur was asked to address on this issue. He relied on a decision of the Board of Governor, Jamshedpur contained in Annexure -C of the 2nd paragraph to the counter affidavit, which reads as follows: The matter of granting compassionate appointment to wards of recently deceased employees was taken up. BOG agreed that since compassionate appointment was limited to 5% of the direct recruitment vacancies in the group and recruitment as C and D levels was frozen no compassionate appointment matter could be considered now. However, Institute was directed to maintain a live roster of such claims, have claims, verified and considered in the next financial year should vacancies be advertised at that point of time. The duration for which a name could be rotated is maximum 3 years.
(3.) FROM the aforesaid decision, it will be evident that the Institute has been directed to maintain a register of all such claims with further decision to consider the same in the next financial year. The decision having been taken in the financial year 2005 -06, now, they should take up the matter as per the decision, as quoted above.;


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