Rekha Devi vs The State Of Jharkhand Through Its ...
2022 Latest Caselaw 5116 Jhar

           THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 3581 of 2022
        Rekha Devi............                                 Petitioner(s)
                                   Versus
        1. The State of Jharkhand through its Chief Secretary
        2. The Registrar General, Jharkhand High Court, Ranchi
        3. The Principal District & Sessions Judge, Dumka
        4. The Dumka Civil Court through its Registrar.........Respondents
                                   ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

        For the Petitioner               : Mr. Onkar Nath Tiwary, Advocate
        For the Respondents              : AC to A.A.G.-I
                                   ......
4/16.12.2022     Heard the parties.

The husband of this petitioner namely, Ramesh Mehtar went

missing since 16.04.2004. He was working as a Class-IV employee in the

Civil Court, Dumka. The petitioner filed Original Title Suit No. 54 of 2018

for a declaration of civil death of her husband Ramesh Mehtar. Vide

judgment dated 23.03.2020, the Senior Civil Judge-I, Dumka, decreed the

Suit, declaring the husband of this petitioner to be dead.

It is the case of the petitioner that none of the death-cum-retiral

benefits of her late husband namely, Ramesh Mehtar has been paid to her.

She also prayed for grant of compassionate appointment, treating the case

to be of death in harness.

Counsel for the petitioner submits that the petitioner has

represented the matter before Respondent Nos. 2 & 3, but no order has yet

been passed on both the claims made by the petitioner.

Counsel appearing on behalf of the respondents submits that the

petitioner should approach Respondent No. 3 by filing a fresh

representation, who can consider the case of the petitioner and will pass a

reasoned order as per law.

Considering the said submission, I direct the Principal District &

Sessions Judge, Dumka (Respondent No. 3) to consider the claim of the

petitioner for grant of compassionate appointment and also for releasing

the post retiral-cum-death benefits of Ramesh Mehtar in favour of the legal

heirs of Ramesh Mehtar. The said decision should be taken within four

weeks from the date of receipt/production of a copy of this order. If the

petitioner has to fill up any documents, the petitioner may approach

Respondent No. 4, who will get the documentation prepared.

The amount which the legal heirs are entitled to receive, should

be transmitted to them within four weeks thereafter. If any part of the

claim of the petitioner is rejected, the reasons thereof should also be

communicated to the petitioner within the aforesaid period.

The prayer for compassionate appointment will also be considered

within the said period and a reasoned order should be passed by

Respondent No. 3.

With the aforesaid observation and direction, this writ application

stands disposed of.

Let a copy of this order be communicated to the Principal District

& Sessions Judge, Dumka immediately through FAX.

(Ananda Sen, J) Mukund/-cp.2