S. N. Pathak, J. - (1.) Heard the parties.
(2.) (I) Petitioner has approached this Court with prayer for quashing the order dated 07.05.2010 contained in Memo No. 706 (Annex.5) passed by the respondent No. 7 whereby the respondent No. 7 has refused to consider for appointment on compassionate ground totally ignoring the several orders passed by this Court in several writ petitions. (II) Direction to the respondents to consider the appointment on compassionate ground as the husband of the petitioner died in accident while on duty. FACTUAL MATRIX
(3.) The petitioner is the first wife of Late Mahendra Prasad Mehta, Home Guard Volunteer, who died in a road accident along with his comember Sahdeo Prasad Mehta on 28.01.2006 while he was on duty. The details of the family members of the husband of the petitioner as per the report dated 09.09.2007 submitted by the respondent No. 5 is annexed at Annex. 2 to the writ application. It is alleged that the petitioner as well as the second wife Chinta Devi represented to the respondents for compassionate appointment as well as the other benefits but the respondents failed to provide any relief. It is further alleged that one similarly situated person Karuna Devi, dependents of home guard volunteers, who died in the same accident filed W.P.(S) No.4589 of 2006 before this Hon'ble Court and her case was considered for compassionate appointment in view of the order dated 30.11.2006, which is marked as Annex. 3 to the writ application. It was held by this Hon'ble Court that the dependents of Home Guard Volunteers, who died in accident while on public duty are entitled for compassionate appointment. The aforesaid order was passed based on the earlier orders passed in Gayatri Devi Vs. State of Jharkhand & Ors., 2004 2 JLJR 132 and Chanda Devi Vs. State of Jharkhand & Ors., 2006 4 JLJR 257. The second wife namely, Chinta Devi has filed a writ petition bearing W.P.(S) No. 4591 of 2006 without impleading the petitioner as a party, has been dismissed for default and no orders were passed. The present petitioner filed a petition before this Court bearing W.P.(S) No. 5187 of 2007 impleading the second wife Chinta Devi as a party but she failed to appear in spite of service of notice and the said writ petition was disposed of with a direction to consider the case of the petitioner for appointment on compassionate ground and also regarding the entitlement of other claims and release the same. In view of the aforesaid order passed by this Court, the petitioner approached to the respondentsauthorities but the claim was rejected on the ground that Home Guard Volunteers, who died in accident other than naxal activism are not entitled for compassionate appointment vide Memo No. 706 dated 07.05.2010. Hence, this writ application has been filed.;