Kanhaiyalal Sidar v. State Of Chhattisgarh And ORS.

HIGH COURT OF CHHATTISGARH AT BILASPUR SB: Hon'ble Shri Justice Pritinker Diwaker Writ Petition (S) No. 222 of 2015 Kanhaiyalal Sidar PETITIONER

VERSUS

State of Chhattisgarh and Others RESPONDENTS Shri Rajendra Kumar Patel, counselforthe petitioner. • Shri Rahul Tamaskar, P.L. for the State, on advance copy. WRIT PETITIONUNDERARTICLE 226 OF THE CONSTITUTION OF INDIA

ORDER

(27.01.2015) .

With the consent of learned counsel for the parties, the matter is heard finally.

According to the petitioner, his brother, namely, late Tiharuram Sidar was working as Sikshakarmi and died in harness on 07.09.2000, but till date the petitioner has not been granted compassionate appointment by respondent No.4.

Counsel for the petitioner submits that purpose of filing this writ petition would be served if at this stage the petitioner is permitted to withdraw the writ petitidn and a direction is issued to respondent No.4 to ^decide the pending application ofthe petitioner. Counsel for the State submits that the case of the petitioner is hopelessly barred by limitation and therefore this petition is liable to be dismissed on the ground of delay and laches.

He submits that perhaps the petitioner would not be entitled for any compassionate appointment on account of the death of his brother but he has no objection if the application of the petitioner is decided by the competent authority if the same has not already been decided.

In the aforesaid view of the matter, the writ petition is dismissed as withdrawn with the aforesaid liberty and respondent No.4 is directed to decide the pending application of the petitioner, if already not decided, strictly in accordance with law.

2_ .0 It is made clear that this Court has not made any observation on the merits of the case and respondent No.4 would be at liberty to pass the order strictly in accordance with law.

--- Sd/- Pritinker Diwakar ^Judge subbu f-