Jainendra Kumar Lahre v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1608 of 2017 • Jainendra Kumar Lahre S/o Late Shri Jagat Ram Lahre, Aged About 40 Years R/o Latuwa Road, Near Solaha Talab, Balodabazar, Police Station & Tahsil Balodabazar, Civil & Revenue District Balodabazar (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through : The Secretary, Department Of Water Resource, Mahanadi Bhawan, New Raipur (Chhattisgarh)
2. The Chief Engineer, Mahanadi Project, Department Of Water Resource, Mahanadi Bhawan, New Raipur (Chhattisgarh)
3. The Executive Engineer, Water Management Division No. 2 Balodabazar, Civil & Revenue District Balodabazar (Chhattisgarh)
4. The Collector, Balodabazar, Civil & Revenue District Balodabazar (Chhattisgarh)
5. Devendra Kumar Lahre S/o Late Shri Jagat Ram Lahre, Aged About 43 Years R/o Latuwa Road, Near Solaha Talab, Balodabazar, Police Station & Tahsil Balodabazar, Civil & Revenue District Balodabazar (Chhattisgarh) ---- Respondents For Petitioner Shri P. M. Shriwas, Advocate For Respondent-State Shri Shashank Thakur, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2017 1.
Petitioner would call in question the compassionate appointment granted to respondent No.5, who happens to be his real brother.
2.
Challenge is thrown on the ground that since after obtaining compassionate appointment, the respondent No.5 is not taking care of the family.
3.
I am afraid, such ground does not constitute violation of any constitutional or statutory provision nor any of the condition enumerated in the terms of the appointment. The respondent No.5 may be morally and socially obliged within the settled norms of the society to maintain the other dependents of the deceased government servant, however, that by itself would not taint the appointment to be suffering from any statutory violation. On such plea, as has been raised by the petitioner, the order of compassionate appointment cannot be set aside. 4.
The writ petition has no substance, It deserves to be and is hereby dismissed.
Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala