Jaleshwari Devi vs The State Of Jharkhand
2025 Latest Caselaw 2029 Jhar

Jharkhand High Court

Jaleshwari Devi vs The State Of Jharkhand on 27 January, 2025

Author: Ananda Sen

Bench: Ananda Sen

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(S) No. 279 of 2025
                                   -----
    1.Jaleshwari Devi, W/o Late Kashi Hari
    2.Vimala Devi, D/o Late Kashi Hari
                                                 ------ Petitioner(s)
                                   Versus
    1.The State of Jharkhand
    2.The Principal Secretary, Department of Home, Jail & Disaster Management,
    Government of Jharkhand
    3.The Deputy Commissioner, Dhanbad
    4.The Circle Officer, Bhagmara, Dhanbad
                                                 ------ Respondent(s)
                                 ......
                CORAM       :     SRI ANANDA SEN, J.

------

For the Petitioner(s) : Mr. Bhaskar Trivedi, Advocate For the State : Mr. Kumar Pawan, AC to S.C. (Mines)-III .........

05 / 27.01.2025: Heard, learned counsel for the petitioners and learned counsel

for the State.

2. Petitioners have prayed for compassionate appointment for petitioner No.2

3. It is an admitted case that deceased was a chowkidar, who died in harness on 18.05.2000. The petitioners have knocked the door of this Court in 2025 which is after 25 years, claiming for compassionate appointment.

4. Further, admittedly, at the time of death of the father of petitioner No.2, she was of seven years, thus, she was minor. No post can be kept reserved for a person who seeks a compassionate appointment till he attains majority.

5. Compassionate appointment is granted to the family of the bread winner who dies in harness, to overcome the immediate financial crises. After passage of long period no compassion exists. In this case, today nearly twenty five years have elapsed after death of father of this petitioner. The family has survived this long twenty five years, thus the very purpose of grant of compassionate appointment does not remain now. The Hon'ble Supreme Court in the case of Fertilizers and Chemicals Travancore Ltd. and Ors. Versus Anusree K.B., reported in 2022 SCC OnLine SC 1331 has held that the whole object of granting compassionate appointment is to enable the family to tied over the sudden crisis. If such an appointment is made after a considerable period from the date of death of the bread winner, the same will be against the object and purpose for which the appointment on compassionate ground is provided.

6. In view of the judgment of Hon'ble Supreme Court and the fact of this case, the instant writ petition stands dismissed.

(ANANDA SEN, J.) R.S.