In the High Court of Jharkhand at Ranchi
W.P.(S) No.510 of 2006
Saraswati Tirkey...........................Petitioner
VERSUS
State of Bihar and others............Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : M/s.P.K.Das and M.K.Sinha
For the RIMS : Mr. R. Krishna
For the State :J.C to A.G
4. 11.12.08It is the case of the petitioner that her husband Somnath
Oraon after undergoing selection process, was selected for the
appointment on the post of Driver. On receiving appointment letter,
bearing no.3789 dated 1.9.1983 issued by respondent no.3, the
Principal/Superintendent, Rajendra Institute of Medical College and
Hospital, Ranchi, he joined as Driver in the Department of Eye,
Rajendra Institute of Medical College and Hospital, Ranchi.
Thereupon the petitioner’s husband continuously discharged his
duties either in the Department of Eye or Central Eye Mobile Unit ,
Rajendra Institute of Medical College and Hospital, Ranchi until
6.12.1989 when it was informed vide Annexure 4 by the Head of
the Department of Eye, Rajendra Institute of Medical College and
Hospital, Ranchi that the services of the petitioner’s husband on
account of abolition of the post has been terminated. Thereupon,
representations were made, upon which the then Joint Secretary,
Department of Health and Family Welfare, Bihar, Patna vide its
letter bearing no.5(ii) dated 8.1.1990 communicated to the
Accountant General, Bihar that under the order of the
Government, certain posts of Central Eye Mobile Unit, Ranchi,
Bhagalpur and Darbhanga have been abolished but the persons
who had been appointed validly would be adjusted somewhere.
Thereafter enquiry was held whereupon petitioner having been
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found appointed rightfully was transferred on the vacant post of
Driver, District Eye Mobile Unit, working under the office of Civil
Surgeon-cum-Chief Medical Officer, Singhbhum, Chaibasa by
Deputy Director, Department of Health and Family Welfare, Bihar,
Patna, vide order as contained in letter bearing no.3456 dated
6.8.1991 (Annexure 6) stating therein that the services of the
petitioner’s husband is adjusted from the date of his joining.
Accordingly, the petitioner’s husband did give his joining.
Subsequently, Civil Surgeon-cum- Chief Medical Officer,
Singhbhum, Chaibasa wrote a letter, vide its memo no.1488 dated
23.8.1991 to the Deputy Director, Health and Family Welfare,
Bihar, Patna that services of the petitioner’s husband is being
returned as post of the driver is not vacant. Thereupon
petitioner’s husband made representation before several authorities
including the Deputy Director, Health Services, Bihar Patna upon
which he wrote a letter dated 27.11.1991 (Annexure 9) to
Principal/ Superintendent, Rajendra Institute of Medial College and
Hospital, Ranchi whereby information regarding vacancy was
sought for the adjustment of the petitioner but the Principal/
Superintendent, Rajendra Institute of Medical College and
Hospital, Ranchi did not care to reply back to the Deputy Director.
In this way nothing could be done in the matter of adjustment of
the petitioner, though services of the person similarly situated,
namely, Smt. Benu Rani, who had also been thrown out of the job
on 6.12.1989 had been adjusted, but the petitioner’s husband was
not even paid his dues, which he was entitled to. Therefore, when
there was no any other alternative, petitioner filed a writ
application, bearing W.P.(S) No.1619 of 2003 putting prayer for
adjustment and for making payment of the arrears of salary and
other dues but during pendency of the writ application, the
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petitioner’s husband died on 12.4.2004. Thereafter petitioner being
widow made representation before the authorities for making
payment of arrears and other dues and also for her appointment on
compassionate ground but only Rs.15,132/- was paid towards G.P.F
but no payment was made towards, gratuity, arrears of salary,
leave encashment, group insurance etc. nor any decision has been
taken with respect to appointment of the petitioner on
compassionate ground and under this situation, this writ application
has been filed for a direction to the authorities to make payment to
the petitioner which was due to be paid to her husband on account
of arrears of salary, leave encashment, gratuity, group insurance
etc. and also for a direction to the respondent for employment of
the petitioner on compassionate ground.
Stand of the respondent no.3, Director, Rajendra Institute
of Medical Science, Ranchi as disclosed in the counter affidavit is
that the petitioner’s husband had been appointed against the
temporary post created under the scheme of National Blindness
Control Programme and when the post of Driver was abolished, his
services were terminated, vide letter dated 5.12.1989 by the Head
of the Department, Department of Eye, Rajendra Institute of
Medical College and Hosptial, Ranchi and as such, petitioner is not
entitled to any relief.
It would be significant to note here that it has been admitted
that the services of the petitioner’s husband was adjusted/absorbed
in the District Eye Mobile Unit, Singhbhum, Chaibasa.
Having heard learned counsel appearing for the parties it
does appear that the petitioner’s husband having been selected
through process of selection was appointed as Driver in the year
1983 in the Department of Eye/ Central Eye Mobile Unit, Rajendra
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Institute of Medical College and Hospital, Ranchi. After rendering
services for six years, he was asked to stop work with effect from
6.12.1989 as the post had been abolished. Thereafter when the
petitioner’s husband made representation, Joint Secretary,
Department of Health and Family Welfare, Bihar, Patna wrote a
letter to the Accountant General, Bihar to the effect that some
posts of the Central Mobile Eye Unit at Ranchi, Bhagalpur and
Darbhanga have been abolished but the services of the persons
who were appointed in accordance with rule shall be adjusted.
Thereafter, Deputy Director, Health and Family Welfare passed an
order as contained in Annexure 6 whereby services of the petitioner
was transferred to the vacant post of Driver at the District Mobile
Eye Unit, Singhbhum, Chaibasa but subsequently, his services was
returned by Civil Surgeon-cum-Chief Medical Officer on the plea
that the post is not vacant. Thereafter no order was passed
regarding posting of the petitioner’s husband though petitioner’s
husband, in the meantime, made several representations before
the authorities and ultimately petitioner’s husband died on
12.4.2004 and till the death of the petitioner’s husband, no
termination order seems to have been passed and, therefore,
under this situation, husband of the petitioner can certainly be sad
to have died in harness. After the death of the husband of the
petitioner, petitioner made representation regarding payment of
dues such as gratuity, leave encashment, group insurance etc.
which the husband of the petitioner was entitled to get but only
Rs.15,132/- was paid towards G.P.F but other dues, according to
the petitioner, has not been paid nor the authorities passed any
order with respect to employment of the petitioner on
compassionate ground.
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In view of the facts and circumstances, this writ application
is disposed of with a direction to the petitioner to make a fresh
representation relating to her appointment on compassionate
ground and also with regard to payment of dues to be paid to the
petitioner’s husband and other benefit on account of death of her
husband along with a copy of this order before the Secretary,
Department of Health, Bihar, Patna within a period of three weeks
and the Secretary on getting representation will be taking decision
in the matter within a period of eight weeks.
With the aforesaid direction, this writ application is disposed
of.
(R.R.Prasad, J.)
ND/