Sukhwaro Borkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 2514 OF 2021 • Sukhwaro Borkar, W/o Late Jailal Borkar, aged about 38 years, R/o Village Ghoghre, Tehsil Chhuikhadan, District Rajnandgaon (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (CG) 2.

Executive Engineer, Water Resources Department, Chhuikhadan, District Rajnandgaon (CG) ... Respondents For Petitioner :

Mr. Pramod Ramteke, Advocate.

For Respondents :

Mr. Ayaz Naved, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /07/2021 1.

Ignoring the defaults pointed out by the Registry of this Court in the instant case, heard the matter finally at admission stage with the consent of learned Counsels for the parties.

2.

Grievance of Petitioner in the present Writ Petition is the non-granting of monetary compensation which the Petitioner, the widow of the deceased daily wage worker namely Jailal Borkar, has sought for in accordance with the Policy dated 14.6.2013 pertaining to Compassionate Appointment, applicable in the State of Chhattisgarh.

3.

Brief facts of the case are that the husband of Petitioner, Late Jailal Borkar, was working as a daily wage employee under the Respondents and the said worker died on 6.9.2020. Claim of Petitioner is that in terms of the Policy for Compassionate Appointment, dated 14.6.2013, the widow of the deceased daily wage worker who has put in two years or more than continuous service with the State Government would be entitled for the monetary compensation of an amount of Rs.1.00 Lakh instead of grant of compassionate appointment. 4.

Learned Counsel for Petitioner submits that the Petitioner has approached the Respondents for grant of the aforesaid compensation but till date the same has not been released nor has any decision been taken up by the Respondents in this regard.

5.

Given the abovementioned factual backdrop of the case, the present Writ Petition, since it is only for a claim of monetary compensation in terms of the Policy of 2013 pertaining to Compassionate Appointment, is disposed of at this juncture directing the Respondents No.1 & 2 to immediately scrutinize the claim of Petitioner and settle/decide the same subject to verification of the entitlement part, at the earliest, preferably within a period of 90 days from the date of receipt of copy of this Order.

6.

Let the claim of Petitioner be decided strictly in accordance with Clause-17 of the Policy dated 14.6.2013 for Compassionate Appointment, which is said to be applicable on the date the daily wage worker had died. 7.

Writ Petition accordingly stands disposed of with aforesaid observations. Sd/- (P. Sam Koshy) sharad JUDGE