Sandeep Kumar Dewangan v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 5663 OF 2011 Sandeep Kumar Dewangan S/o Lt. Surender Kumar Dewangan aged about 25 years, Bishrampur Miners Colony Qtr. No. 24, Distt. Surguja (CG).

...Petitioner(s)

Versus

1. State Of Chhattisgarh through the Secretary, Panchayat & Rural Development Department, Mantralaya, DKS Bhawan, Raipur (CG).

2. The Chief Executive Officer (Panchayat), District Surguja (CG).

3. The Chief Executive Officer, Janpad Panchayat, Surajpur, Distt. Surguja (CG).

... Respondent(s) For Petitioner :

Shri Keshav Dewangan, Advocate.

For Respondent-State :

Shri Chandresh Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.07.2018 1.

The claim made by the petitioner is for grant of compassionate appointment on death of his younger sister who died in harness on 17.11.2009.

2.

The petitioner in this petition has stated that his sister was appointed as Shiksha Karmi Grade-III on 30.11.2007 and since then she was working continuously. In between, on account of some chronic disease which she was suffering, she succumbed on 17.11.2009. Thereafter, in the capacity of being legal representative of his sister, the petitioner had moved an application for compassionate appointment but the respondents till date have not considered his application for grant of compassionate appointment. 3.

A perusal of reply filed by the State so also the reply filed by Janpad Panchayat, Surajpur, reflects that after the sister of petitioner was

granted appointment on 30.11.2007, an enquiry was conducted so far as her appointment was concerned and it was found that she had obtained appointment on the basis of certain fake documents and later on the order of appointment stood cancelled vide order dated 05.02.2010. However, before the order of cancellation of appointment could be served, the employee concerned i.e. the sister of the petitioner succumbed to her illness on 17.11.2009. 4.

Moreover, a perusal of record would show that the petitioner nowhere in the petition has pleaded, proved or established the fact that he was dependent upon his younger sister. It is also pertinent to mention that the deceased employee was a younger sister of the petitioner and therefore, it is hard to accept that he was dependent upon his younger sister. In the absence of there being any evidence of the petitioner being dependent upon his younger sister and also considering the fact that in due course of time the appointment of the sister of the petitioner itself was found to be illegal and the same was cancelled, this court is of the opinion that no relief as such can be granted to the petitioner.

5.

The writ petition therefore deserves to be and is hereby dismissed. Sd/- (P. Sam Koshy) Judge inder