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High Court Of ChhattisgarhWA/230/2018dismissed

Swapnil Tirkey v. State Of Chhattisgarh

2018-09-14Hon'Ble The Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 230 of 2018 {Arising out of Order dated 12.12.2017 passed in Writ Petition (S) No. 6258 of 2017 by the learned Single Judge} Swapnil Tirkey S/o Late Peter Tirkey, Aged About 24 Years Occupation Unemployed, R/o River View Colony, Bade Koni, Tahsil Bilaspur, District Bilaspur, Chhattisgarh.

---- Appellant

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Technical Education, Jansakti Niyojan New Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. The Director, Industrial Training Institute, Block No. 04, Indrawati Bhawan, New Raipur, Chhattisgarh.

3. The Joint Director, Industrial Training Institute, Composite Building, Near Collectorate, Bilaspur, Chhattisgarh.

4. The Principal, Industrial Training Institute, Sakti, District Janjgir- Champa, Chhattisgarh.

---- Respondents For Appellant : Shri A.N.Bhakta, Advocate.

For Respondent/State : Shri UNS Deo, Government Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per Ajay Kumar Tripathi, Chief Justice 14/09/2018 1.

Compassionate appointment is not a modality to facilitate and provide employment to unemployed children of the erstwhile employee, even though they may not be employable otherwise.

2.

Admitted position is that mother of the present Appellant is also a Government Servant and is employed under the State of Chhattisgarh in the

School Education Department and at present, is holding the post of Principal at Government Higher Secondary School, Janji, District Bilaspur. 3.

Since the object of providing compassionate appointment is to provide immediate relief to the family on death of the bread earner which is not the fact in the present case, therefore, dismissal of the writ application by the learned Single Judge refusing to grant any relief or direction for compassionate appointment to the present Petitioner on the ground of death of his father, cannot be said to be misplaced. Even otherwise, the said death had taken place on 27.08.2009 i.e. almost 9 years ago. 4.

The order of the learned Single Judge does not suffer from any infirmity. The appeal has no merit. It is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit