Dr. S.N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) In the instant writ application, the petitioner has prayed for quashing the office order no. 79, memo no. 782, dated 08.11.1997 in view of office order no. 35, dated 04.08.2008 and letter issued by memo no. 556, dated 10.07.2009 whereby appointment of the petitioner on compassionate ground has been cancelled. The petitioner has further sought for a direction upon the respondents to accept his joining in terms of appointment made by the authority vide office order contained in memo no. 685, dated 22.09.1997 with all consequential benefits and to treat him legally appointed on compassionate ground vide memo no. 685, dated 22.09.1997.
(3.) The factual exposition as has been delineated in the writ petition is that Jagdamba Ojha was initially engaged on daily wages in Drinking Water and Sanitation Department and he performed his duty in the district of East Singhbhum at Jamshedpur. In view of the decision of the respondents, the services of Jagdamba Ojha was taken into work charge establishment with effect from 31.10.1983 in the pay scale of Rs.350 - 425, vide office order no. 88, dated 31.10.1983. After his absorption in the work charge establishment in the pay scale, Jagdamba Ojha discharged his services diligently. However, Jagdamba Ojha died in harness on 14.06.1992 leaving behind his widow (petitioner). On the date of death, Jagdamba Ojha was discharging his duties as Nalkup Khalasi, Sub-Division - Ghatshila in the district of East Singhbhum. Thereafter, the petitioner who is Class-VI passed and whose date of birth is 11.05.1969, filed an application for appointment on compassionate ground. After submission of required documents and on the recommendation by the competent authorities, the District Compassionate Appointment Committee, in its meeting dated 17.05.1997, considered case of the petitioner and issued memo no. 955, dated 30.08.1997 for appointment of the petitioner on compassionate ground on Class-IV post of peon in the pay scale of Rs.775 - 1025. In pursuant to the appointment letter issued by the respondents, the petitioner submitted joining and started discharging the duties as a peon. Just after expiry of two months, another office order no. 79, vide memo no. 782, dated 08.11.1997 was issued whereby appointment of the petitioner on compassionate ground stood cancelled without giving any notice or giving opportunity to place her case on the ground that husband of the petitioner had not completed ten years service in work charge establishment. Being aggrieved by aforesaid order, the petitioner has preferred the instant writ petition.;