2025:JHHC:27392 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5503 of 2021 Unna Devi, widow of late Premdeep Kumar, resident of village and P.O- Angrabari, P.S. Torpa, District- Khunti … Petitioner(s) -Versus- 1. The State of Jharkhand. 2. The Principal Secretary, Home, Prison and Disaster Management Department, Govt. of Jharkhand, at- Project Building, Dhurwa, Ranchi. 3. The Addl. Chief Secretary, Prison and Disaster Management Department, Govt. of Jharkhand, at- Project Building, Dhurwa, Ranchi. 4. The Deputy Secretary, Prison and Disaster Management Department, Govt. of Jharkhand, at- Project Building, Dhurwa, Ranchi. 5. The Deputy Commissioner, Khunti. 6. The Circle Officer, Karra, P.O and P.S. Karra, District- Khunti … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Sudhir Kumar Sharma, Advocate. For the State Mr. Divyam, AC to SC-IV ------ 05/09.09.2025: Heard the parties. 2. In this writ petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for direction commanding upon the respondents to provide her appointment either in Class III or Class-IV post (now Group-C &D) on compassionate ground, as she is the widow of late Premdeep Kumar, Sepoy in Mahar Regiment, who lost his life in Naxal violence when he came to his home town. 3. The counsel for the petitioner submits that the petitioner is entitled for employment in terms of the scheme of the Govt. of Jharkhand as in terms of the said scheme, any person who is a resident of the State of Jharkhand is entitled to be appointed on compassionate ground, if the bread earner of a family dies due to Extremist Violence. He further argues that the respondents has not considered the case of the petitioner only on the ground that as the petitioner was serving as a Sepoy in Indian Army, he cannot be said to be a common resident of the State of Jharkhand. According to the petitioner, the aforesaid stand taken by the State is absolutely erroneous. 4. Learned counsel appearing for the State admits that the husband of the petitioner died in a Naxal Violence while he came to his home town- Karra (District- Khunti). It is their contention that as per the scheme, it is only a common person, who will get the benefit and not the others. Since the husband of the petitioner was a Sepoy in Army, he cannot be said to a common citizen of the State of Jharkhand, thus he is not entitled for the relief. 2. 5. After hearing the parties, I find that the State has accepted that the husband of this petitioner died in a Naxalite Extremists violence while he had gone to his native place. It is also admitted that the husband of the petitioner was a Sepoy in Mahar Regiment. The scheme has been brought on record vide Annexure-C to the supplementary counter affidavit and as per the said scheme/circular as contained in Memo No. 369 dated 24.1.2008, a decision has been taken that the benefit of compassionate appointment to a family member of the common citizen of the State, who dies in extremists violence, will be given in Class-III or Class- IV post (now Group C and D). 6. Admittedly, the petitioner's husband was in Indian Army and had gone to the home town where in a naxalite violence, he lost his life. The petitioner has not got any benefit of compassionate appointment from any source. The scheme which has been brought on record by the respondent clearly suggests that the common citizen of the State is entitled for the said benefit i.e. appointment on compassionate ground. Admittedly, the petitioner is a resident of the State of Jharkhand. 7. When the benefit as per scheme is given to the general public at large, the husband of the petitioner, even if he was serving in Indian Army, cannot be left out. He is also a common citizen of the State of Jharkhand. This scheme/circular cannot be construed narrowly. The general public of the State of Jharkhand will also be a person who is resident of Jharkhand, he may be working in Armed Force or in any other place. The case of the petitioner's husband is covered by this scheme/circular. 8. Admittedly, the petitioner is a dependent and wife of the deceased, who died in extremist violence, thus, I hold that the petitioner is entitled to get compassionate appointment in terms of the Circular/Scheme. Accordingly, this writ petition stands allowed. 9. Mandamus is issued directing the respondent Nos. 2 and 5 i.e. the Principal Secretary, Home, Prison and Disaster Management Department, Govt of Jharkhand and the Deputy Commissioner, Khunti immediately to issue appointment letter to the petitioner as per Circular/Scheme. Anu/-Cp2. (ANANDA SEN, J.)