Jharkhand High Court
Junta Rai vs Police on 6 April, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No. 4058 of 2013
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Junta Rai ... ... Petitioner
-Versus-
1. State of Jharkhand
2. Director General cum Inspector General of Police, Jharkhand
3. Additional Inspector General cum Special Assistant to Director General of Police.
4. Inspector General of Police, Jharkhand
5. Commandant, Jharkhand Armed Police-I, Ranchi.
..... Respondents
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CORAM :HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner :M/s. S.N.Pathak, Sr.Advocate & B.Thakur
For the Respondents :JC to GP VI
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07- 06.04.2015 Heard learned counsel for the parties.
This writ petitioner is admittedly the third wife of the deceased late Gupt Raj Rai, who died in harness on 27.3.1996 while working on the post of constable in Jharkhand Armed Police I. In the present writ petition she is aggrieved by the letter dated 12.4.2012 issued by the respondent No.3, Additional Inspector General cum Special Assistant to Director General of Police rejecting the claim for compassionate appointment of her daughter, namely, Tamanna Rai, Annexure 7 to the supplementary affidavit and Annexure- B to the counter affidavit.
The facts, which are not in dispute, are that at the time of the death of her father Tamanna Rai was about few months old as is also evident from Annexure- 1 to the writ petition as also Annexure 2 , the succession certificate passed in Succession Case No.108/1999. The application admittedly was made in 2011 only after conclusion of the succession case in which the concerned court directed payment of 1/3 rd amount to Tamana Rai , daughter of the present petitioner by apportioning the rest 1/3 rd part each to the first daughter of the deceased employee from the first wife and the second surviving wife of the deceased.
The learned senior counsel for the petitioner has tried to draw strength from an observation of succession court also referred in Annexure A, a communication of the Commandant, Jharkhand Armed Police-I dated 23rd July,2011 that Tamanna could make an application for compassionate 2. appointment in lieu of her father's death. However, though guidelines have been sought by Commandant JAP I, Annexure A, claim for compassionate appointment has been rejected by the impugned order dated 12.4.2012 passed by the Additional I.G. cum Special Assistant to DGP, Jharkhand on the ground that the claim for compassionate appointment is grossly barred by delay much beyond five years time limit prescribed under the Circular dated 5.10.1991 governing the case of compassionate appointment under the State.
Having considered the aforesaid admitted facts and the reasons indicated in the impugned order, it does not appear to suffer from any legal infirmity as no doubt the claim for compassionate appointment was made only in 2011 after 15 years of the death of the employee in harness on 27.3.1996. Moreover, at the time of death Tamanna Rai, daughter of the present petitioner, was about four months old only and such a claim for compassionate appointment cannot be countenanced in the eye of law. Observation of the Civil Court in the succession case in relation to a claim for compassionate appointment cannot improve the case of the petitioner.
Accordingly, this writ petition being devoid of merit is dismissed.
(Aparesh Kumar Singh, J. ) Pandey