REETA DEVI v. STATE OF JHARKHAND THROUGH SECRETARY ANIMAL HUSBANDRY AND FISHERIES DEPTT
WPC/5589/2019 · 2025-07-01
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27016 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27016 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:18556
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5589 of 2019 Reeta Devi, aged about 52 years, wife of Late Amit Kumar, resident of Village:-Babhanbigha, P.O.: Barbigha, P.S.: Barbhigha, Distict:-Shiekpura (Bihar).
... … Petitioner(s)
Versus 1.State of Jharkhand through Secretary, Animal Husbandry and Fisheries Department having its office at Project Building, P.O. and P.S.- Dhurwa, District:-Ranchi 2.Deputy Secretary, Animal Husbandry and Fisheries Department, having its office at Project Building, P.O. and P.S.- Dhurwa, District:-Ranchi.
3. Director General, Animal Husbandry Department, Dumka, P.O and P.S:- Dumka, District: Dumka.
4. Deputy Director, Animal Husbandry Department, Dumka, P.O and P.S:- Dumka, District: Dumka.
5. Assistant Director, Animal Husbandry Department, Dumka, P.O. and P.S Dumka, District:- Dumka.
6. Deputy Commissioner, Dumka, Dumka, P.O and P.S:- Dumka, District :- Dumka.
7. Chief Instructuctor, Institute of Training and Broadcast, Dumka, P.O and P.S:- Dumka.
8. Principal Secretary, Home, Jail & Disaster Management Dept. Govt. of Jharkhand, Project Bhawan, PO & PS-Dhurwa, Ranchi, Jharkhand
… … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Ms. Khalida Haya Rashmi, Advocate For the Respondent-State : Mr. K. K. Singh, SC-V
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Order No. 10/Dated: 1st July 2025
The instant writ application has been filed by the petitioner for the following reliefs:
“1. That by way of this writ petition the petitioner prays for issuance of a writ direction or order in the nature of mandamus commanding upon the respondents to grant compassionate appointment to son of the petitioner in a suitable Grade-3 or Grade-4 post as her husband died an unnatural death due to extremist violence during election duty while he was serving the respondent department on the post of Steno-Typist.
AND/OR
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For any other relief/ relief(s) the petitioner is legally entitled to in the facts and circumstances of the instant case.”
2.
Learned counsel for the petitioner submits that when the widow of deceased employee was running from pillar to post, she was advised to file a writ application with regard to regularization of service of the deceased employee/her husband and pursuant to which she filed a separate writ application being W.P.(S) No. 1265 of 2023 and the said writ application was allowed by directing the respondents to consider the case of the deceased employee for regularization and thereafter give consequential benefits.
She further referred the supplementary counter affidavit filed by the State and submits the respondents have stated that the proposal for regularization has been put up before the State Cabinet on 20.06.2025 for its consideration and approval and the same has been approved by the State Cabinet on 26.06.2025; as such, the respondents may be directed to issue formal order of regularization of the deceased employee/her husband as early as possible.
3.
Learned counsel further submits that since the State Cabinet has approved on 20.06.2025 her matter for compassionate appointment as well in the light of regularization shall be considered sympathetically in view of the fact that the application for compassionate appointment in view of the earlier circular of the Government (Annexure-6 to the writ application) is pending.
4.
Learned counsel for the respondents referring the same paragraph no.6 to the supplementary counter affidavit dated 25.06.2025 submits that pursuant to the order passed by this Court in W.P.(S) No. 1265 of 2023, the case of service confirmation and regularization of late Amit Kumar has been taken up by the respondent and the State Cabinet has approved that recommendation on 20.06.2025 and now very soon a formal
order of regularization of late Amit Kumar would be taken up and thereafter as per the applicable rules and regulation consequential benefits shall be extended to the widow of deceased employee.
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5.
Having regard to the aforesaid facts and circumstances of the case, since the petitioner has filed a separate writ application being W.P.(S) No. 1265 of 2023 and the State has acted upon the direction passed in the above referred case and the State Cabinet has already approved the proposal of regularization of the deceased employee who died during terrorist violence in course of election duty, concerned respondent is
directed to issue a formal order of the regularization of the deceased employee as early as possible and thereafter necessary consequential benefits may also be extended to this petitioner.
It goes without saying that now the issue of compassionate appointment will be governed by the State Circular and if the respondents provide compassionate appointment to the dependent of the deceased employee, then they shall issue necessary order with regard to the same ignoring the ground of delay and latches in view of the fact that the petitioner had filed an application for compassionate appointment just after the death of the deceased employee.
6.
Accordingly, the instant writ application stands disposed of.
7.
Pending I.As, if any, also stand disposed of.
(Deepak Roshan, J.) Amit