The Jharkhand High Court dismissed a petition seeking appointment under the Scheme of Rehabilitation and held that public employment is not a largesse and Articles 14 and 16 of the constitution have to be strictly followed in filling up posts under Government and public employment cannot be distributed on the mere wish of any person without there being any backing of the law and no appointment can be granted to any person or victim of a crime in absence of any law.
Brief Facts:
The petitioner filed the present writ petition seeking her appointment in terms of the selection under the Scheme of Rehabilitation under the provisions of the Jharkhand Victim Compensation Scheme, 2012.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner contended that the petitioner is a victim of an offence committed under Section 498A and 494 of the IPC and she is entitled to victim compensation. It was further contended that the petitioner, being a tribal lady and a permanent resident of the State of Jharkhand, should be provided employment and the petitioner applied against the vacancies published by the Women, Child and Social Security Department, but the employment had not had yet been provided.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondents contended that the dispute had already been settled in a Lok Adalat and the petitioner, only to get an appointment and get the benefit of the Victim Compensation Scheme, lodged the false case and got the same compromised and is thus not entitled to any benefit.
Observations of the Court:
The court referred to Section 357A of the CrPC which provides for framing of a scheme to grant compensation to the victim and as per this, it is the duty of the state government in consultation with the Central Government to provide funds for the purpose of paying compensation to the victim. The court observed that the State of Jharkhand in compliance with Section 357A had formulated schemes for victim compensation but nowhere in this scheme, it is provided that Government Employment will be offered to any of the victims of any crime and the said scheme provided for grant of monetary compensation for loss of life, rape, gang rape, loss of limbs, acid injury, burn and other physical injuries and does not provide offering of employment to any of the victim, rather none of the schemes provides for such offer of appointment.
It was further stated that public employment is not a largesse and Articles 14 and 16 of the constitution have to be strictly followed in filling up of posts under Government. It was further stated that everyone should get equal opportunity in Public Employment, subject to restrictions validated by law and such employment cannot be distributed on the mere wish of any person without there being any backing of the law and no appointment can be granted to any person or victim of a crime in absence of any law.
The court concluded that the petitioner could not be granted an appointment solely on the ground that she had filed a complaint and claimed herself to be a victim of crime.
The decision of the Court:
The court dismissed the petition.
Case Title: Sarojani Toppo vs. State of Jharkhand and ors.
Coram: Hon’ble Mr. Justice Ananda Sen
Case No.: W.P.(S) No.3641 of 2020
Advocate for the Applicant: Mr. Ashim Kumar Sahni
Advocate for the Respondent: Mr. Darshana Poddar Mishra
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