Himanshu Patel v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 753 OF 2014 Himanshu Patel S/o Late Shri Devbrat Patel Aged About 20 Years R/o In Front Of Swami Vivekanand School, Girdhari Nagar, Durg (CG).

...Petitioner(s)

Versus

1. State Of Chhattisgarh hrough The Secretary, Department Of Agriculture, Mahanadi Bhawan, Capital Complex, Naya Raipur P.O. And P.S. Raipur Civil And Revenue Distt. Raipur C.G., Chhattisgarh.

2. The Director Directorate Of Agriculture, C.G., Raipur P.O. And P.S. Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh.

3. The Deputy Director, Agriculture, P.O. And P.S. Durg Civil And Revenue Distt. Durg C.G., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner :

Shri Dinesh Tiwari, Advocate.

For Respondent-State :

Smt. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25.07.2018 1.

The challenge in the petition is to the order dated 07.11.2013 whereby the claim application of the petitioner for grant of compassionate appointment has been rejected on the ground that the policy does not provide for considering the claim for compassionate appointment in respect of those deceased employee who died prior to 01.11.1997.

2.

The respondent-State by way of filing reply submits that as per new policy, the claim of the petitioner can be reconsidered and the respondents are also willing to consider the case of the petitioner provided he makes a fresh application for grant of compassionate appointment.

3.

Considering the contents of reply filed by the State, this court does not intend to keep this petition pending any further. The writ petition

is disposed of directing the petitioner to make a fresh application to the respondents within a period of one month from today, and on receipt of such application being made, the respondents shall consider and decide the claim of the petitioner within a further period of 90 days thereafter.

4.

It is made clear that while considering the claim of the petitioner, the respondents shall not bring into force the clause of limitation. 5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder