AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties through V.C.
The instant writ application has been preferred by the petitioner praying therein for quashing the proposal No.32 of Proceeding dated 26.05.2009,
which has been taken by District Compassionate Committee, conducted by the Deputy Commissioner, Deoghar and communicated on 11.06.2009
whereby the claim of the petitioner for compassionate appointment on the post of Chawkidar has been rejected.
Learned counsel for the petitioner submits that the issues raised in the instant writ application is now no more res-integra, inasmuch as, in the case
of Madhubala Sinha and analogous cases (LPA No.617 of 2017 and analogous cases) the issue has already been decided that the married daughter is
entitled for compassionate appointment.
Ms. Piyushita Meha Tudu, learned counsel for the respondent-State submits that the issue raised in the instant writ application is fully covered by
the judgment passed in the aforesaid case; as such the petitioner may be directed to file a fresh representation before the concerned respondent who
shall take a final decision in the light of aforesaid judgment.
In view of the limited submission advanced by the learned counsel for the rival parties, the instant writ application, is hereby, disposed of by
directing the petitioner to file a fresh representation before the respondent no.2 within a period of two months raising her claim of compassionate
appointment along with necessary documents and aforesaid judgment. If any such representation is filed; the respondent no.2 shall pass a reasoned
order in the light of the judgment passed in the case of Madhubala Sinha (Supra).
It is made clear that the entire exercise shall be completed within a period of four months from the date of receipt of such representation and
respondent no.2 while taking fresh decision regarding compassionate appointment of this petitioner shall ignore the proposal No.32 of proceeding dated
26.05.2009.
With the aforesaid terms, the instant writ application stands disposed of.