Mala Devi vs State Of Jharkhand
2023 Latest Caselaw 404 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P(S) No. 2846 of 2019
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      Mala Devi                                               .... .... Petitioner(s).
                                  Versus
      1. State of Jharkhand

2. Director, Management of MADA Office, Dhanbad

3. Secretary, Mines Jharkhand, MADA Office Dhanbad

4. Officer in Charge, Jharkhand Mines Development Dept. MADA Officer, Dhanbad

5. Manager, Mines Area Development Dept. Dhanbad .... .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Nitesh Kumar, Advocate For State : Ms. Priyanka Bobby, AC to Sr. SC-I For JMADA : Mr. Mahavir Pd. Sinha, Advocate Mr. Santosh Kumar Jha, Advocate

7/23.01.2023 Heard the parties.

2. By filing this application petitioner claims for grant of compassionate appointment as the father of the petitioner died in harness on 9.8.2016 working as a Sweeper under Jharkhand Mineral Area Development Authority (JMADA).

3. It is the case of the petitioner that her father died on 9.8.2016, thus she is entitled to be appointed on compassionate ground.

4. Learned counsel appearing on behalf of the JMADA on instruction submits that there is no scheme for appointment on compassionate ground in JMADA. He further submits that there is acute financial crisis in JMADA as a result of which even the admissible salary and the post retiral benefits of the employees are not being released on time.

5. It is well settled principle that the compassionate appointment cannot be claimed as a matter of right. A compassionate appointment is governed by a scheme framed by the employer. As per the statement of both the learned counsels it is admitted that there is no scheme of compassionate appointment in JMADA. Thus in absence of any scheme no direction can be given to the respondents to appoint the petitioner on compassionate ground.

6. Further, the fact that there is acute financial crisis in JMADA has been taken note of by the Division Bench of this Court in the case of Afzal Ahmed Usmani Vs. The M.D, MADA & Anr. in LPA No. 654 of 2017 which was also filed for grant of compassionate appointment. The compassionate appointment in that case was rejected by the Division Bench of this Court.

7. I find that this case is also covered by aforesaid judgment. As there is no scheme for compassionate appointment in JMADA and there is acute financial scarcity in JMADA, the instant writ application stands dismissed as no relief can be granted to the petitioner.

(ANANDA SEN , J) anjali/cp2