Suresh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2799 of 2017 Suresh Kumar S/o Late Brijesh Singh Kariyam Aged About 20 Years R/o Village Rampur, Tahsil Katghora, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat Sukma, District Sukma, Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat Sukma, District Sukma, Chhattisgarh. ---- Respondents For Petitioner :

Shri C. J. K. Rao, Advocate For Respondent/State :

Shri Satish Gupta, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 06/07/2017 Counsel for the petitioner submits that the petitioner had applied for compassionate appointment to the respondents on the death of his father that took place in the year 2001. He submits that at the time of death of his father, the petitioner was minor and he attained majority somewhere in the year 2015. He submits that apart from the petitioner, there is no male member in the family and the petitioner is the sole bread earner of the family. He further submits that immediately after attaining majority, the petitioner had applied for compassionate appointment to respondent no.3 who had immediately forwarded his claim to respondent no.2 where his application is still pending for consideration.

2.

Counsel for the petitioner at this juncture submits that the only relief which he is seeking is for a direction to respondent no.2 to take a decision on the claim application of the petitioner.

3.

The State does not oppose the said limited prayer made by the counsel for the petitioner. However, he points out that the death of the father of the petitioner took place almost about 16 years ago. 4.

Be that as it may, considering the fact that the petitioner was the only male member of his family and he attained majority only in the year 2015, this Court is of the opinion that ends of justice would meet if the respondent no.2 is directed to consider and decide the claim application of the petitioner in accordance with the rule governing the field on the date of the death of the deceased employee as early as possible preferably within a period of 3 months from the date of receipt of the certified copy of this order. It is ordered accordingly.

5.

With the aforesaid direction, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) JUDGE Bhola