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2025 DAILYLAW 29003 (JHR)

ASHESHWAR THAKUR v. STATE OF JHARKHAND

WPC/268/2025 · 2025-01-27

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 268 of 2025 ----- 1.Asheshwar Thakur, S/o Late Tulsi Thakur 2.Kajal Kumari, D/o Asheshwar Thakur ------ Petitioner(s) Versus 1.The State of Jharkhand 2.Director General-cum-Inspector General of Police, Jharkhand, Ranchi 3.Superintendent of Police, Chatra, Jharkhand 4.Accountant General, Ranchi, Jharkhand ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Birju Thakur, Advocate For the State : Mr. Anuj Kr. Trivedi, AC to S.C.-VII For the Resp-AG : Ms. Richa Sanchita, Advocate …...... 05 / 27.01.2025: Petitioner No.1 claims for death benefit of her daughter namely, Purnima Kumari, who died in harness on 23.08.2022, whereas the petitioner No.2 being the daughter of petitioner No.1 and sister of the deceased constable seeks compassionate appointment. 2. From the petition itself, I find that the deceased was married to one Mukesh Thakur. 3. The parties are admittedly Governed by Hindu Law of Succession. As per the Hindu Law of Succession, the father and sister of a deceased married lady, when her husband is alive cannot inherit her property. 4. Further, so far as compassionate appointment is concerned also the sister of the married deceased female employee is also not entitled for compassionate appointment as the father is already alive and she is dependent on her father and not upon her married sister. 5. So far as the death-cum-retiral benefit is concerned, the same should be disbursed by the respondents strictly as per the Law of Succession, on submission of succession certificate, if there is no nomination. 6. Accordingly, the instant writ petition is dismissed having no merits. R.S. (ANANDA SEN, J.)