Ritesh Kumar Dhankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6029 of 2016 Smt. Sunita Verma, wife of late Chintaharan Verma, aged about 39 years, R/o Sevtatola, Ward No.7, Dongergaon, District Rajnandgaon (CG).

---- Petitioner Writ Petition (S) No.6031 of 2016 Sarita Yadav, D/o late Pyari Lal Yadav, aged about 27 years, R/o Village Pendarwani,Post Deewan Bhedi, P.S. Dongergaon, District Rajnandgaon (CG).

---- Petitioner Writ Petition (S) No.6032 of 2016 Smt. Chandra Kumari Dewangan, wife of late Purnanand Dewangan, aged about 34 years, R/o Village Konari, Post Dongergaon, District Rajnandgaon (CG).

---- Petitioner

Writ Petition (S) No.6038 of 2016 Smt. Rekha Larendra, wife of Shri Bhagwat Singh Larendra, aged about 35 years, R/o Village Bharda, Tahsil Doundi-Lohara, District Balod (CG). ---- Petitioner Writ Petition (S) No.6040 of 2016 Smt. Doman Patel, wife of late Hari Narayan Patel, aged about 32 years, R/o Village Kabir Math Nadiya, Post Khujji, P.S. Dongergaon, District Rajnandgaon (CG).

---- Petitioner Writ Petition (S) No.6044 of 2016

Tomesh Kumar Sharma, son of Shri Shivendra Sharma, aged about 29 years, R/o Village and Post Bijelata, Rajnandgaon, Tahsil Rajnandgaon (CG). ---- Petitioner Writ Petition (S) No.6045 of 2016 Ritesh Kumar Dhankar, son of late Jai Narayan Dhankar, aged about 19 years, R/o Village and post Bijetala, Rajnandgaon, Tahsil Rajnandgaon (CG). ---- Petitioner Rajnandgaon, District Rajnandgaon (CG).---- Respondents For Petitioner :

Shri Vinod Kumar Sharma, Advocate.

For State :

Shri Prafull N. Bharat, Addl. A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/11/2016 (1) These writ petitions have been filed by the petitioners questioning the order dated 06.09.2016 passed by respondent No.2 i.e. Chief Executive Officer, Zila Panchayat, Rajnandgaon by which, the petitioners' applications for grant of compassionate appointment have been returned to the Incharge Officer, Shiksha Karmi Branch, Jila Panchayat, Rajnandgaon.

(2) Learned counsel appearing for the petitioners would submit

that the petitioners' applications have not been considered and decided on the basis of notifications of State Government dated 30.08.2011 & 20.05.2014, which were still in force on the date of death of Shiksha Karmi as in all the cases as death occurred prior to 08th January, 2016 and, as such, their cases for grant of compassionate appointment have to be considered and decided as per the circulars applicable on the date of death of Shiksha Karmi by the respondent authorities.

(3) Be that as it may, since the petitioners' applications for grant of compassionate appointment have not been considered by the respondent authorities till this date, respondent No.2 i.e. Chief Executive Officer, Jila Panchayat, Rajnandgaon is directed to consider the case of the petitioners for grant of compassionate appointment as per notifications applicable on the date of death of Shiksha Karmi and take a decision on its own merit, in accordance with law preferably within a period of two months from the date of receipt of a certified copy of this order along with representation of the petitioners.

(4) With the aforesaid observation, the writ petitions stand finally disposed of. No order as to cost(s).

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