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2025 DAILYLAW 10478 (JHR)

KAVITA KUMARI v. THE STATE OF JHARKHAND THR THE PR SECRETARY DEPTT OF PERSONNEL AND ADMINISTRATIVE REFORMS

WPC/1754/2018 · 2025-02-11

Sri Ananda Sen

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1754 of 2018 Kavita Kumari, son of late Umesh Dangi, resident of village Singhani, P.O and P.S. Pathalgara, District- Chatra, Jharkhand. ….. Petitioner. Versus 1. The State of Jharkhand through its the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Project Bhawan, Dhurwa, Ranchi. 2. The Principal Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi. 3. The Inspector General of Police, Ranchi. 4. The Deputy Commissioner, Chatra. 5. The Superintendent of Police, Chatra. ….... Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s Pramod Kumar and Kishlay Kumar, Advocates. For the State Mr. Devesh Krishna, SC Mines-III ------ 08/11.02.2025: Heard the learned counsel for the parties. 2. By way of filing this writ petition, the petitioner prays for direction upon the respondents for payment of compensation amounting to Rs. four lakh as she is entitled for the said on account of Monetary Compensation in lieu of death of her husband, who died during communal violence. She further prays that since the Deputy Commissioner has recommended her for grant of compassionate appointment, she be appointed on compassionate ground. She also prays for health card, to be issued in her favour, as per the scheme. 3. Learned counsel for the State submits that as per the Central Scheme for Assistance to Civilians Victims/Family of Victims of Terrorists, Communal and Naxal Violence, the petitioner is entitled for rupees 3.5 lakh only, which admittedly has been paid to the petitioner. He further submits that the Central share of three lakh has already been paid to the petitioner and rupees fifty thousand i.e. the share of the State has also been paid to her. 4. So far as compassionate appointment is concerned, there is no provision to give compassionate appointment to the kin of the victim who risk his life in communal violence. The scheme which has been produced before me does not provide for grant of any compassionate appointment. When the scheme does not provide for grant of any compassionate appointment, even if there is recommendation of the Deputy Commissioner, the same cannot be granted. 5. So far as issuance of the Health Card to the petitioner is concerned, the petitioner is directed to approach the Deputy Commissioner, who will consider the case of the petitioner and if the petitioner is found eligible, a health card under any scheme of the Government, prevalent in the State of Jharkhand will be provided to her within twelve weeks. 6. Accordingly, this petition is disposed of. Anu/-Cp2. (ANANDA SEN, J. )