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2026:JHHC:12406 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4941 of 2024
-- Soni Todu, Aged about-42 Years, W/O Late Laisen Hembram, Resident of Village- Saraidaha, P.O. Saraidaha, P.S.- Shikaripara, District-Dumka.
...Petitioner.
Versus
1. The State of Jharkhand.
2. The Director General of Police, Jharkhand, Police Headquarters, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi.
3. The Inspector General of Police, Jharkhand, Police Headquarters, Dhurwa, P.O. & P.S.-Dhurwa, District- Ranchi.
4. The Superintendent of Police, Koderma, P.O., P.S. and District-Koderma.
...Respondents.
--
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : M/s. Anshuman Kumar, Rajesh Kr. Singh, Kumari Priyamda, Advocates
For the Respondents : Mr. Kunal Chandra Suman,
A.C to G.P.-II
-- 09/22.04.2026 Heard learned counsel for the parties.
2.
The instant writ application has been preferred by the petitioner for the following reliefs:
A. For a direction upon the respondents to consider and grant Compassionate Appointment to the petitioner as the husband of the petitioner died in harness on 30/08/2018 while working as Hawaldar/Assistant Sub-Inspector of Police for which her representation/application is pending before the competent authority since 25.04.2023 in view of the fact that petitioner has already submitted all the necessary documents along with the certificate issued by the Gram Pradhan of village Chhuchi, Barhet, Sahebganj regarding the solemnization of second marriage by the second wife of the deceased husband of the petitioner.
B. For quashing the letter dated 17.12.2022, whereby and whereunder the case of the petitioner for appointment of petitioner on compassionate ground has been kept pending on the ground that hand written ‘No Objection Certificate’ of Baha Tudu (second wife of the deceased husband of the petitioner) is necessary for
consideration of appointment of petitioner without giving the reference of any relevant Rule/Circular/Notification as well as completely ignoring the fact that Baha Tudu has
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already submitted No Objection by way of Affidavit dated 16.10.2019.
3.
At the outset, learned counsel for the petitioner draws attention of this Court towards letter dated 17.12.2022, wherein it was asked by the respondent that the file of compassionate appointment of this petitioner, is pending due to want of N.O.C by the second wife of the deceased employee.
Learned counsel further draws attention of this Court towards page-37 which is the affidavit of second wife.
4.
However this Court is conscious that only by way of an affidavit, it would be difficult to ascertain as to whether the second wife has given N.O.C.
5.
In that view of the matter, the instant application stands disposed of by directing the Respondent- Department (Respondent no. 4) to make an enquiry in this regard and take a decision with regard to compassionate appointment.
It is made clear that though there is a delay from the date of death till now, but since the matter is lingering before the respondent, hence the respondents will not take any ground for rejection on the ground of latches.
6.
Accordingly, the respondent no. 4 is directed to hold an enquiry and ascertain as to whether the second wife has given N.O.C or not after issuing notice to both the parties and pass an order within a period of 12 weeks. If
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the order is in favour of the petitioner, necessary appointment letter be issued to the petitioner within a further period of 4 weeks.
7.
Accordingly, the instant writ application stands
disposed of.
(Deepak Roshan, J.)
22nd April, 2026
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