Smt. Doleshwari Painkara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2356 of 2017 • Smt. Doleshwari Painkara S/o Wd/o Late Shri Ram Lal Painkara, Aged About 34 Years R/o Village- Rupdega, Post- Bahama, Tahsil Lailunga, District- Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh.

2. The Director, Directorate of Public Instruction, Chhattisgarh, Raipur, Chhattisgarh.

3. The District Education Officer, Raigarh, Distt. Raigarh, Chhattisgarh.

4. The Block Education Officer, Sarangarh, District- Raigarh, Chhattisgarh. ---- Respondent For Petitioner :

Shri Rishi Rahul Soni, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2017

1. It is unfortunate that petitioner's application for grant of compassionate appointment is kept pending for the reason that the petitioner's husband, who died in harness was promoted as Headmaster but the said promotion is an issue in a pending writ appeal before this Court. Even if, petitioner's husband's promotion on the post of Headmaster is set aside by this Court, petitioner's husband would remain a Shiksha Karmi, therefore, in such situation also the petitioner would be entitled for consideration of her case for grant of compassionate appointment.

2. Considering the entire facts situation of the case, the writ petition is allowed at the admission stage itself. The impugned order Annexure P-1 is set aside and the respondents are directed to consider and decide petitioner's application for grant of compassionate appointment, on its own merits, in accordance with the applicable guidelines issued by the State Government. Sd/- Judge Prashant Kumar Mishra Ashu