Manish Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.2627 of 2017 Manish Kumar Yadav S/o Late Shri Ganpati Prasad Yadav, Aged About 26 Years R/o Bazarpara, Putpura, Post Khokhara, Tehsil Janjgir, District Janjgir- Champa (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Relation, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

2. Director, Directorate, Public Relation (Sanchalak, Jansampark, Sanchanalaya), Naya Raipur, District Raipur (Chhattisgarh).

3. Deputy Director, Zila Jansampark Karyalaya, Janjgir- Champa (Chhattisgarh).

4. Collector, Janjgir- Champa, District Janjgir- Champa (Chhattisgarh).

5. Divisional Manager, Chhattisgarh Infrastructure Development Corporation ( Transport Section ) Divisional Office Bilaspur (Chhattisgarh). ---- Respondents For Petitioner :

Shri Sanjay Patel, Advocate.

For Respondent/State :

Shri SP Kale, Deputy Advocate General.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board Passed on 22/06/2017

1. The present petition has been filed seeking for a direction to the respondents for considering the case of the petitioner for grant of compassionate appointment.

2. Facts of the case is that the father of the petitioner was originally an employee of Madhya Pradesh State Road Transport Corporation in the erstwhile State of Madhya Pradesh. Subsequent to the creation of the new State of Chhattisgarh, the services of the father of the petitioner

was allocated to the State of Chhattisgarh. In Chhattisgarh, his services were put under Chhattisgarh Infrastructure Development Corporation (for short, CIDC). The CIDC further posted the employee in Public Relations Department at Janjgir Champa where the said employee was discharging his duties as Assistant Grade-III and who died in harness on 29.07.2015.

3. Immediately thereafter the petitioner moved an application seeking compassionate appointment which was rejected on account of not having requisite educational qualification for appointment to the post of Shiksha Karmi by the CIDC vide order dated 03.11.2015. However, after rejection of his claim by the CIDC, the petitioner preferred another application before the Public Relations Department, Janjgir Champa, where the Deputy Director, Public Relations, District Janjgir Champa, vide his letter dated 22.12.2015 had taken a decision that in the event if the CIDC issues No Objection Certificate against granting of compassionate appointment to the petitioner, the Public Relations Department are willing to consider his case for compassionate appointment. That, till date no NOC has been granted by the CIDC and for want of the same his claim is not being processed by the Public Relations Department, Janjgir Champa.

4. The State counsel after perusal of the records does not have any objection if the petition is disposed of with a direction to the respondent No.5 for passing an appropriate order in the light of letter dated 22.12.2015 issued by the Deputy Director, Public Relations, District Janjgir Champa.

5. Considering the submissions put forth, this court is of the opinion that ends of justice would meet if this petition is disposed of at this juncture with a direction to the respondent No.5-Managing Director, CIDC, Headquarter at Raipur, to take appropriate steps ensuring that NOC is granted by the CIDC. Subject to the petitioner's obtaining NOC from CIDC, the concerned officer in the Public Relations Department, Janjgir Champa, shall process his case and pass appropriate orders at the earliest.

6. With the aforesaid direction, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge inder