BASANTI ALIAS BASANTI DEVI v. THE STATE OF JHARKHAND
WPC/6547/2025 · 2025-11-21
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40352 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40352 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:34819 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.6547 of 2025
----- Basanti @ Basanti Devi, W/o Late Manu Ram, R/o Near Sunil Printing Press, Daltonganj, Ward No.4, P.O. + P.S. Medininagar, Distt Palamau, Jharkhand
.... Petitioner(s). Versus 1.The State of Jharkhand 2.The Chief Secretary of Health, Department, Jharkhand Govt. 3.The Deputy Collector, Palamau 4.The Chief Medical Officer Palamau 5.Durgawati Devi, W/o Late Chandra Prakash Ram R/o Mohalla Hamidganj, P.O. + P.S. Daltonganj, Distt Palamau, Jharkhand
… Respondent(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Sunil Kr. Upadhyay, Advocate For the Resp-State
: Mr. Shivam Singh, AC to Sr. S.C.-II
…...... 02/ 21.11.2025: Heard, learned counsel for the parties. 2. By filing this writ petition, petitioner has claimed compassionate appointment for his younger son on account of death of husband of this petitioner. 3. The facts are peculiar. The husband of the petitioner, Manu Ram died on 12.06.1993. He was an employee in Sadar Hospital Daltonganj. After his death, this petitioner who is the wife of Manu Ram nominated his elder son, namely, Chandra Prakash Ram to get the appointment on compassionate. The respondents granted appointment to said Chandra Prakash Ram on compassionate ground. This petitioner was granted the family pension and other death benefits. The said Chandra Prakash Ram died on 25.11.2023. After the death of Chandra Prakash Ram, this petitioner who happens to be the mother of Chandra Prakash Ram filed an application seeking compassionate appointment for his younger son on the ground that Chandra Prakash Ram was granted compassionate appointment on account of death of his father and since now, Chandra Prakash Ram is also dead her younger son should be given appointment. 4. Be it noted that it is an admitted fact that said Chandra Prakash Ram is married and is having his wife, who is respondent No.5. 5. There is no concept of permanent inheritance in case of compassionate appointment. The compassionate appointment is granted to the legal heir either wife or son of the deceased employee. In this case, the deceased-employee is Chandra Prakash Ram. The brother of Chandra Prakash Ram has got no right to be appointed on compassionate ground on his death, when the wife of Chandra Prakash Ram is still alive.
Further, the petitioner’s claim to appoint her younger son namely, Manoj Kumar on account of death of the husband of this petitioner i.e Manu Ram is also misconceived as already one compassionate appointment was granted on death of Manu Ram to his elder son. Any claim of compassionate appointment on death of Manu Ram has already stood exhausted, which cannot be revived. 6. Thus, this petitioner has got no claim for compassionate appointment. 7. Accordingly, the instant writ petition stands dismissed. (ANANDA SEN, J.) 21st November, 2025 R.S./Sandeep