IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P (S) No. 485 of 2011
Sushila Devi ..... Petitioner
Versus
The State of Jharkhand & Others ..... Respondents
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CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner - Mr. T.K.Misra
For the Respondents - Mr. J.C to A.G
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2/13.6.2011
In this writ petition, the petitioner has prayed for a direction on the respondents
to pay the arrears of salary of her late husband, which was due from the year 1990 to
2000. It has been submitted that the petitioner’s husband, namely, Ajit Kumar Bhagat
was working as ‘Chaukidar’ under Maheshpur P.S. He suddenly died on 14.10.2000
during his duty period. Before his death he was discharging his duty regularly, but his
salary was not paid from the year 1990 to 2000. The petitioner’s husband had made
several requests to the concerned authority while he was alive. After the death of her
husband, the petitioner also filed representation before the Deputy Commissioner, Pakur
as far back as on 19.11.10, but till date no order has been passed by the Deputy
Commissioner.
A counter affidavit has been filed on behalf of the respondents stating, inter alia,
that the petitioner’s husband was never appointed as ‘Chaukidar’ and as such there was
no question of payment of salary. So far as the petitioner’s claim that her husband was
engaged as per KAMAN (Slip of Command order to do a particular work) issued by the
officer-in-charge of Maheshpur P.S is concerned, the same is under verification by the
department and the decision shall be taken on her said claim after proper enquiry and
verification.
I have heard the parties. Though the petitioner’s claim is that her husband was
appointed as ‘Chaukidar’, no letter of appointment has been brought on record by the
petitioner. However, the petitioner has brought Annexure-4 dated 6.12.1993 which is an
internal communication sent by the C.O, Maheshpur to the S.D.O, Pakur. In the said
letter it has been mentioned that after retrenchment of last Chaukidar, namely, Pastu Rai
in the year 1951, the post remained vacant. The petitioner’s husband Late Ajit Prasad
Bhagat had been working as ‘Chaukidar’. He was nominated by the then officer-in-
charge of the Police Station. His name was also recommended for regularization by the
then officer-in-charge.
Learned J.C to A.G submitted that after the death of Ajit Kumar Bhagat, his son
Nirmal Kumar Bhagat also claimed compassionate appointment. He had also filed a writ
petition before this Court being W.P(S) No. 6519/2004. The said writ petition was
disposed of by order dated 22.11.10 of this Court directing the Deputy Commissioner,
Pakur to consider his claim and take a final decision within two months.
The Deputy Commissioner, Pakur, thus, thoroughly inquired into the claim of the
son of Late Ajit Kumar Bhagat and for that purpose he throughly examined the claim of
appointment of Late Ajit Kumar Bhagat (husband of the petitioner). The Deputy
Commissioner after taking into consideration all the reports and the official records came
to the conclusion that there was no evidence to support that Ajit Kumar Bhagat was a
Government servant or he was ever appointed as ‘Chaukidar’.
In view of the said dispute and denial of the respondents, this Court does not find
any ground for issuing any writ or order, as prayed for by the petitioner in exercise of
extra ordinary power of writ jurisdiction. This writ petition is, accordingly, dismissed. .
However, if the petitioner has any proof of appointment of her husband as
‘Chaukidar’, she is at liberty to approach the appropriate Forum.
S.K (NARENDRA NATH TIWARI, J)