Jharkhand High Court
Shobha Kumari vs The State Of Jharkhand And Ors on 10 May, 2022
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2938 of 2020
Shobha Kumari ... ... Petitioner
Versus
The State of Jharkhand and Ors.
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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05/10.05.2022 Learned counsel for the respondents has produced the circular dated 01.12.2015. He submits that the petitioner is guided by the said circular so far as compassionate appointment is concerned. A copy of the same is also being provided to the learned counsel for the petitioner for examination.
2. During the course of hearing, it transpired that the father of the petitioner had gone missing on 25.05.2002 and his date of birth, as recorded in the title suit proceedings, was 06.06.1950. It appears that on the date the father of the petitioner was declared dead by the competent court of civil jurisdiction, he had already attained the age of superannuation.
3. In such circumstances of civil death, the issue which also falls for consideration is, whether the father of the petitioner can be said to have died in harness and consequently whether the petitioner would be entitled for compassionate appointment. The parties are directed to examine this point further.
4. Learned counsel for the petitioner has relied upon the judgement passed by the Hon'ble Supreme Court in the case of "Central Coalfields Limited and Others Vs. Smt. Parden Oraon"
reported in 2021 (2) JLJR 337 (SC) and submits that he will advance his argument further on the next date.
5. Let this matter be posted for further hearing on 10.06.2022.
(Anubha Rawat Choudhary, J.) Pankaj