JHARKHAND HIGH COURT ISSUES ORDER ON JYOTI KUMARI V/S UNION OF INDIA AND ORS.

RANCHI, India, Sept. 16 -- Jharkhand High Court issued the following order on Aug. 18:

1. The present writ petition has been filed for quashing the order dated 16.04.2024 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi in O.A. No. 051/00271/2023 whereby the Original Application filed by the petitioner for quashing the letter dated 26.11.2022 issued by the Divisional Personnel Officer, East Central Railway, Dhanbad (the respondent no. 3) informing her about rejection of her application for compassionate appointment, has been dismissed. Further prayer has been made for quashing the letter dated 26.11.2022 issued by the respondent no. 3 whereby the petitioner's application submitted for compassionate appointment on account of her brother's death, has been rejected. The petitioner has also prayed for issuance of direction upon the respondents to give her appointment on compassionate ground for the reason that her brother died in harness and she was dependent upon him.

2. Learned counsel for the petitioner submits that the brother of the petitioner namely Ajay Kumar was working under the respondents on the post of Trackman at Barkakana, Ramgarh who died in harness on 18.01.2022 leaving behind his mother- Sudmiya Devi, fatherSheonath Nonia, brother- Ajit Kumar Chouhan, two married sisters namely Sunita Devi and Reeta Devi and an unmarried sister Jyoty Kumari (the petitioner).

3. It is further submitted that the elder brother of the petitioner namely Ajit Kumar Chouhan is a para-teacher, who is now living separately from the joint family and is not taking care of his parents. The deceased workman was shouldering the entire responsibility of the family and after his death, the family is in acute financial crisis.

4. It is also submitted that the petitioner and her father had filed separate representations before the Senior Divisional Personnel Officer, East Central Railway, Dhanbad for appointment of the petitioner on compassionate ground under the respondent-Railway, however, vide letter no. DSC-37/CI.III/1514/01/22 dated 26.11.2022 issued by the respondent no. 3, the petitioner's father was informed that instant case of appointment of the petitioner on compassionate ground was rejected by the competent authority as per the extant rules.

5. It is further contended that the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) has issued updated notification dated 02.08.2022 in which it has been clarified under heading "Dependent Family Member" that the sister of unmarried government servant is also eligible for getting appointment on compassionate ground.

6. It is urged by the learned counsel for the petitioner that the petitioner has taken a degree of Bachelor of Arts (Honours) from Vinoba Bhave University, Hazaribag. She fulfills all the requisite criteria for compassionate appointment and also undertakes to take care of her parents after getting compassionate appointment.

7. On the contrary, learned counsel for the respondents submits that the petitioner failed to bring on record any relevant material to show her dependency on the deceased employee and as such, the learned Tribunal has rightly dismissed the O.A. filed by her which needs no interference by this Court.

8. Heard learned counsel for the parties and perused the materials available on record.

9. Thrust of the argument of learned counsel for the petitioner is that the petitioner being dependent on the deceased employee is entitled to be appointed on compassionate ground under the respondent-Railway.

10. We have perused the notification containing 'Scheme for Compassionate Appointment Under Central Government' issued by the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training), Government of India (updated on 02.08.2022). The object behind framing of the said Scheme is to grant appointment on compassionate ground to a dependent family member of a government servant who has died in harness or has retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the concerned government servant from financial destitution and to help it get over the emergency.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqKd14Nn8sKudBjl1M17BB2xfUNj%2BoAPxNSFvf9%2BJzq6o&caseno=WPC/2683/2024&cCode=1&cino=JHHC010142122024&state_code=7&appFlag=)

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