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2025 DAILYLAW 21646 (JHR)

Kusum Kunwar v. The State Of Jharkhand And Ors

WPC/7722/2017 · 2025-08-28

Deepak Roshan

body2025

Judgment text

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2025:JHHC:25786 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 7722 of 2017 --------- Kusum Kunwar W/o Late Yogendra Kumar Singh, R/o: At & P.O.- Semaura, P.S.-Majhion & District-Garhwa. ......Petitioner Versus 1. The State of Jharkhand; 2. Deputy Commissioner, Garhwa; Office At, P.O. P.S. & District- Garhwa. 3. Engineer In Chief, Water Resource Department, Jharkhand; Office At Nepal House, P.O. + P.S.- Doranda & District-Ranchi. 4. The Commandant General, Jharkhand Home Guard, Headquarter-Ranchi, P.O. + P.S.-Doranda, Dist.-Ranchi. 5. District Commandant, Jharkhand Home Guard, Palamau-Cum- Garhwa, P.O. + P.S.- Garhwa, Dist.-Garhwa Office At, P.O. P.S. + District-Garhwa. 6. Superintending Engineer, North Koyal Barrage Circle, Mohammadganj, Palamau, P.O. + P.S.-Hussainabad, District- Palamu. 7. Executive Engineer, North Koyal Bheem Barrage, Mohammadganj Block, P.O. + P.S.-Hussainabad & District- Palamau. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : None For the Respondents : Mr. J.F. Toppo, G.A.-V Mr. Neil Abhijit Toppo, A.C. to G.A.-V Mrs. Moushmi Chatterjee, A.C. to G.A.-V --------- 08/Dated:-28.08.2025 1. None appears for the petitioner. The case was listed yesterday also and even on that date; none appeared for the petitioner. However, learned counsel for the respondents is present; as such, looking to the nature of the prayer made in this writ application, this Court is proceeding to decide the case on the basis of available record. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) For issuance of writ, of the nature of mandamus, directing the concerned respondents for compassionate appointment of the son of 2025:JHHC:25786 2 petitioner - Ashutosh Kumar Singh, on the occasion of death of her husband on 18th May, 2009. (ii) For issuance of writ, of the nature of mandamus directing the concerned respondent to make payment of Death-cum-Injury dues to petitioner, on account of death of her husband, as would be payable to any widow of Police; 3. From record it appears that on 17.05.2009, husband of the petitioner met with an accident as was dashed with commander jeep vehicle and thereafter, he was brought at RIMS, Ranchi for treatment where in course of the treatment, he died on 18.05.2009. 4. The instant writ application has been filed in the year 2017. The law with regard to compassionate appointment has now been well settled that the same is provided for immediate relief to the bereaved family coupled with the provisions governing the said employee and now, in the year 2025 such requirement is not there and perhaps for that very reason the petitioner has lost interest in this case and even otherwise though the death of the petitioner was on 18.05.2009, this writ application has been filed on 21.12.2017 i.e., after a lapse of almost eight and a half years; accordingly, no relief can be granted to this petitioner. 5. Consequently, the instant writ application stands dismissed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-