Himanshu Shriwas v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.1654 of 2015 Himanshu Shriwas, S/o Late Chandrashekar Shriwas, aged about 19 years, R/o Sonarpal, Tahsil Bastar, District Bastar (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.)

2. Collector, Bijapur, District Bijapur (C.G.)

3. Chief Medical and Health Officer, District Bijapur (C.G.) ---- Respondents For Petitioner:

Mr. C. Jayant K. Rao, Advocate.

For Respondents/State: Ms. Sunita Jain, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/01/2018

1. Learned counsel for the petitioner submits that the case of the petitioner has not been considered in accordance with law and relevant rules and regulations. He further submits that decisions of High Courts and the Supreme Court have not been considered by the learned Chief Medical and Health Officer, District Bijapur.

2. Learned State counsel would support the impugned order.

3. It appears from perusal of the record that inapplicable circular has been made applicable. Be that as it may, as the order impugned passed by respondent No.3 is not a reasoned and speaking order, it is set aside. The Collector, Bijapur is directed to consider and decide the petitioner's case in respect of compassionate appointment strictly in accordance with law and the rules applicable. The petitioner is at

liberty to file relevant rules and regulations and relevant judgments to support his case. The said decision will be taken within three months from the date of production of a copy of this order.

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

Sd/- (Sanjay K. Agrawal) Judge Soma