Smt. Kalpana Joshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.4950 of 2015 Smt. Kalpana Joshi, W/o Shri Shailendra Kaalia, aged about 31 years, R/o Mr. Bhaskar Joshi, behind Congress Bhawan, Bilaspur, Tahsil and District Bilaspur.

---- Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Department of Forest, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur.

2.

Conservator of Forest, Bilaspur, Karya Ayojana Vritt, Bilaspur (CG) ---- Respondents For Petitioner : Shri Ajay Shrivastava, Advocate.

For Respondent : Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/12/2015 (1) The mother of petitioner while working as Assistant Grade-II in the Forest Department died in harness on 12.07.2012 leaving one married daughter Smt. Kalpana Joshi (petitioner herein). The petitioner being a daughter of deceased, made an application for compassionate appointment, which has been rejected by respondent No.2 relying upon Clause-3 of circular dated 27.06.2007 holding that petitioner being married daughter is not entitled for compassionate appointment.

(2) This Court in Writ Petition (S) No. 296 of 2014 (Smt. Sarojni Bhoi v. State of Chhattisgarh and Others) decided on 30.11.2015 has held the Clause 3(1)(c) of circular dated 10.06.2003, to be void and inoperative to the extent of excluding married daughter for consideration from compassionate appointment, therefore, this writ petition is disposed of in similar terms. The petitioner may make fresh representation along with copy of the order dated 30.11.2015 passed in Writ Petition (S) No.296 of 2014 before respondent No.2, who in turn shall consider and decide the case of the petitioner for compassionate appointment afresh in accordance with law expeditiously in light of judgment rendered in Smt. Sarojni Bhoi (supra).

Sd/- (Sanjay K. Agrawal) Judge L/-