Raghavendra Khandekar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1914 of 2021 Raghavendra Khandekar S/o Late Dhansai Khandekar, Aged About 24 Years R/o Village Khodari, Tahsil Pendra Road, Block Gaurella, District Gaurella-Pendra-Marwahi, Permanent Address At Village Misda, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health Services, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, Po And Ps Rakhi, District Raipur Chhattisgarh

2. Director, Directorate Of Health Services, Raipur, Chhattisgarh

3. Collector, Pendra, Collectorate Campus, District Gaurella-Pendra-Marvahi (Chhattisgarh), District : Gaurela-Pendra-Marwahi, Chhattisgarh

4. Chief Medical And Health Officer, Pendra District Office Of Cmho Pendra Road, District Gaurella-Pendra-Marvahi (Chhattisgarh), District : GaurelaPendra-Marwahi, Chhattisgarh

5. Block Medical Officer, Pendra Block, Office Of Bmo Pendra Road, District Gaurella-Pendra-Marvahi Chhattisgarh, District : Gaurela-Pendra-Marwahi, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate For State :

Mr. Amrito Das, Addl. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 08/06/2021

1. The present writ petition has been filed claiming for two reliefs. Firstly, considering the claim of the petitioner for grant of compassionate appointment on the death of his father who dies in harness on 05.07.2020.

Second relief sought is for release of gratuity, provident fund, arrears of pension etc.

2. Learned counsel for the State submits that since he is on advance notice, he does not have actual instructions from the department so far as unpaid death cum retiral dues are concerned. However, as regards the compassionate appointment, he submits that same shall be considered and decided in accordance with rules and policies governing the field of compassionate appointment.

3. Given the said submissions by the learned counsel for the State, the writ petition stands disposed of directing respondent no.2, 4 & 5 to immediately scrutinize the claim of the petitioner firstly for grant of compassionate appointment and secondly to scrutinize the claim of the petitioner so far as non settlement of death cum retiral dues like gratuity, provident fund & pension etc. of the deceased employee payable to the family members.

4. Let both these issues be dealt with and decided and an appropriate decision be taken on compassionate appointment within a period of 90 days and within the same period any undisputed undisbursed amount of gratuity, provident fund, and other death cum retiral dues if any payable shall also be settled.

5. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit