High Court Of ChhattisgarhWPS/4766/2015allowed

Amit Pradhan v. State Of Chhattisgarh

2018-01-11Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4766 of 2015 Amit Pradhan, son of Mohar Sairam Pradhan, aged about 21 years, Caste Uraon, residence of vilage Sanna, Post Sanna, Tahsil Bagicha, District Jashpur (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Schedule Caste and Schedule Tribe Department, Mahanadi Bhawan, Mantrlaya, Naya Raipur, District Raipur (CG)

2. Assistant Commissioner, Tribal Welfare Department, Jashpur, District Jashpur (CG)

3. Block Education Officer, Block Bagicha, District Jashpur (CG) ---- Respondents For Petitioner :

Mr.C.J.K.Rao, Advocate For Respondents :

Ms Sunita Jain, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/1/2018

1. Learned counsel for the petitioner would submit that case of the petitioner for compassionate appointment has been considered by respondent No.2 in accordance with the circular dated 14.6.2013, whereas the petitioner's father died on 13.6.2008, therefore, the impugned order be set aside and respondent No.2 be directed to consider the case of the petitioner for compassionate appointment in accordance with the circular, which was in force on the date of death of father of the petitioner on 13.6.2008.

2. On the other hand, learned State Counsel would support the impugned order.

3. I have heard learned counsel for the parties, perused the impugned order and other documents appended with the writ petition.

4. It appears that case of the petitioner has been considered in accordance with the circular dated 14.6.2013, whereas father of the petitioner died on 13.6.2008. Therefore, the impugned order dated 19.11.2014 (Annexure P/1) passed by respondent No.2 is set aside. Respondent No.2 is directed to consider the case of the petitioner for compassionate appointment in accordance with the circular, which was in force on the date of death of his father within 45 days from the date of receipt/production of a copy of this order.

5. The the writ petition is allowed to the extent indicated hereinabove. No cost(s).

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