S. N. Pathak, J. - (1.) By way of this instant application, the petitioner has approached this Court with a prayer to provide employment under 9.4.0 of N.C.W.A to Deepak Kumar (Ghar-Jamai son-in-law of the petitioner) after quashing the letter dated 05/08.12.2016 passed by respondent No. 5 (Annexure-7). Factual Matrix
(2.) The petitioner was an employee of M/s. C.C.L working as Category-II in Tapin Project and entered into service under 9.4.0 of NCWA after death of her husband. It has been stated that the petitioner was suffering from paralysis and was under treatment in C.C.L Hospital and, as such, she was unable to perform her normal duty. Thereafter, she was referred by the respondents to Medical Board through letter dated 01.09.2013. On 14.09.2015 at 11.00 a.m she appeared before the Area Level Medical Board and they referred the petitioner's case to the Central Medical Board. On 20.12.2013 at 10.00 a.m the petitioner appeared before the Central Hospital, Nai Sarai, CCL where she was declared unfit for job under the provision of 9.4.0 of NCWA from 31.12.2013. Further the case of the petitioner is that one Deepak Kumar son of Anant Ram, resident of village Shankarpur, Katkamsandi, Hazaribag, married with her younger daughter Lalti Kumari on 12.07.2008, which is registered under Hindu Marriage Act and was living with the petitioner as Ghar Jamai, since his marriage. It is the case of the petitioner that she has six daughters and all were married but only younger daughter Lalti Devi and her husband Deepak is living with her as Ghar Jamai and fully dependent upon the petitioner. Son-in-law of the petitioner, Deepak Kumar, passed matric and certificates were issued by the Jharkhand Academic Board. After declaring medically fit for job, the petitioner filed an application for compassionate appointment to her son-in-law (Ghar Jamai) under 9.4.0 of NCWA and the respondents No. 7 directed the petitioner to appear before the interview Committee on 15.03.2014 at 11.00 a.m with all the family members and with all requisite documents. The petitioner visited the office of the respondent Nos. 6 and 7 but after lapses of 2 and half years no action has been taken by the respondents for issuance of appointment letter to the son-in-law of the petitioner who is fully dependent upon the petitioner and entitled for appointment under 9.4.0 of NCWA .
(3.) Mr. N.K. Prasad, learned counsel for the petitioner submits that the petitioner is moving from pillar to post and has approached on several occasions to respondent Nos. 6 and 7 since 2014 and also filed several applications for compassionate appointment for her son-in-law, but till date no order has been passed neither any action has been taken. It is further argued that the petitioner is member of schedule castes and landless person and wholly dependent on service and has been declared medically unfit for job and as per provision of NCWA the dependent son-in-law is entitled for employment under the such policy, but illegally and arbitrarily no appointment has been provided which is violation of natural justice. It has been stated that earlier, the petitioner had moved this Hon'ble Court in W.P.S. 7053 of 2016 for employment to her son-in-law and during the pendency the respondent No. 5 has passed an order and communicated to the son-in-law through letter dated 05/08.12.2016 regarding the rejection of case on compassionate ground and, hence, challenging the order of rejection dated 05/08.12.2016 the petitioner has preferred this writ application.;