Manisha Vaishnav v. The Managing Director, Chhattisgarh State Power Distribution Company Limited Cspdcl

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4801 of 2017 Manisha Vaishnav D/o Late Shri Rameshwar Prasad Vaishnav, Aged About 29 Years R/o L I G 185, M.P.Nagar, Korba, Thana Darri, District Korba, Chhattisgarh ---- Petitioner

Versus

1. The Managing Director, Chhattisgarh State Power Distribution Company Limited ( CSPDCL ) Head Office Danganiya, D.D.Nagar, Raipur, District Raipur, Chhattisgarh

2. Executive Engineer (Ma. Sa. Vi.)- IV, Chhattisgarh State Power Distribution Korba (East). District Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. Vinay Pandey, Advocate For respondents :

None appears though served through dasti notice Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09.11.2017 Heard.

1.

The only issue arising for consideration in this petition is whether denial of compassionate appointment to the petitioner on the ground of she being married daughter is permissible under the law.

2.

The issue involved in the present case is no longer res integra as the same has been considered and decided by this Court in the case of Smt. Sarojni Bhoi Vs. State of Chhattisgarh and others in WPS No.296 of 2014 decided on 30.11.2015.

3.

Learned counsel for the petitioner would further submit that in subsequent decision in the case of Chandrani Sinha Vs. Chhattisgarh State Electricity Holding Company Limited and another in WPS No.5576 of 2014 decided on 07.09.2016 also the same issue has been decided and that was a case where the application for compassionate appointment was submitted before the Chhattisgarh State Electricity Holding Company Limited. In the present case, the respondent is

Chhattisgarh State Power Distribution Company Limited and both the companies are having identical policy with regard to compassionate appointment. 4.

Having considered the submissions, there being no opposition to the prayer made in the petition by the respondents and after having gone through the order passed by this Court in the case of Smt. Sarojni Bhoi (supra) as also Chandrani Sinha (supra), rejection of petitioner's claim for compassionate appointment on the ground of she being married daughter is held illegal and therefore, set aside. The respondent shall examine and consider the petitioner's application for compassionate appointment and pass necessary orders. 5.

The petition is accordingly allowed.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha