Smt. Pushpawati Sidar v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(S) No. 5851 of 2014 Smt. Pushpawati Sidar Wd/o Late Teshwar Singh Sidar, aged about 35 years, R/o Vill. Madanpur Injako, Post Karmitikara, PS. & Tahsil Patthalgaon, Dist. Jashpur, CG ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Panchayat and Social Welfare Department, Mantralaya, Mahanadi Bhawan, Raipur, CG

2. The Collector, Jashpur, CG

3. The Assistant Commissioner, Aadiwasi Vikas Jashpur, Dist. Jashpur, CG

4. The Chief Executive Officer, Jila Panchayat Jashpur, CG

5. The Block Education Officer, Pathhalgaon, Dist. Jashpur, CG ---- Respondents For Petitioner :

Shri Rishi Rahul Soni, Advocate For Respondents/State :

Smt. Smita Ghai, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 21.01.2016 Counsel for the petitioner submits that it is a case where the husband of the petitioner died on 06.07.2013 and subsequently, she moved an application for grant of compassionate appointment. Her case was considered and she was granted three years time for obtaining the minimum educational qualification for the post of Shiksha Karmi. 2.

Counsel for the petitioner submits that in the event the petitioner fails to obtain the said qualification within three years, she would not get employment as she is undergoing much financial crisis. Therefore, counsel for the petitioner prayed that the respondents may be directed to consider the case of the petitioner for any other post for which she has the eligibility and she even is willing for the post of Class IV category. 3.

From the record and the submission of the counsel for the

petitioner it appears that the petitioner till date has not made any representation to the concerned Authority for grant of compassionate appointment commensurate to her qualification which includes for Class IV post.

4.

In view of the same, without entering into the merits of the case, this Court is of the opinion that the ends of justice would meet if the petitioner is directed to make a detailed representation to the respondents claiming for compassionate appointment commensurate to her qualification as she is also willing to accept the employment on Class IV post. If such representation is made to the respondents, the same shall be considered on its merit as per the circular/rules prevalent on the date of death of the employee within a period of four months from today. 5.

With the aforesaid observation, the instant writ petition stands disposed of.

Sd/- P. Sam Koshy Judge Bhola