D.G.R. Patnaik, J. - (1.) PETITIONER 's prayer in this writ application is for a direction upon the respondents to appoint the petitioner on the Class -III post forthwith in consonance with the recommendation of the District Compassionate Committee, Gumla made on 18.10.2001.
(2.) COUNTER affidavit has been filed on behalf of the respondent No. 3. Heard learned Counsel for the petitioner and learned Counsel for the respondents.
(3.) THE case of the petitioner in brief is that her husband Rajesh Toppo was an employee in the office of the respondent No. 3. He met with an untimely death on 1.3.2001. Upon such premature death of her husband, there being no other earning member in the family, the petitioner applied for her appointment under the respondents on compassionate grounds. The petitioner had possessed the requisite educational qualifications for her appointment to the Class -III post and accordingly she had opted for such appointment. Her application for compassionate appointment was duly considered by the District Level Committee constituted on 18.10.2001. The District Compassionate Appointment Committee had approved the candidature of the petitioner and had recommended for her appointment on the Class -III post in the Department of Alternative Medicine within the district of Gumla. The letter of recommendation of the District Compassionate Appointment Committee was received in the office of the Deputy Commissioner, Gumla and the same, with the endorsements of the Deputy Commissioner, was forwarded to the respondent No. 3 namely the District Ayush (Desi) - Medical Officer, Gumla for implementation. The grievance of the petitioner is that inspite of the fact that the appointment of the petitioner on compassionate ground was recommended for Class -III post, the respondent No. 3 had offered her a Class -IV post of Cleaner in the Scale of Rs. 2550 -3200/ -. The contention of the petitioner is that being in abject financial crisis, the petitioner had no option but to accept the offer of her appointment in the Class - IV post and accordingly she had submitted her joining on 22.3.2002. Accusing the respondents of having practiced fraud upon the petitioner, she has prayed that the respondents be directed to grant her appointment to Class -III post. Sri Rajesh Kumar, learned Counsel for the petitioner would argue that even if the Class -III post was not vacant in the particular department at the relevant time, the respondents were under the mandatory obligation to offer her appointment to Class -III post at any other place/department. In support of his argument, learned Counsel would want to obtain support from the judgment of the Supreme Court in the case of Abhishek Kumar v. State of Haryana and others 2007 (112) FLR 700 (SC);