High Court Of ChhattisgarhWPS/3197/2021disposed off

Toman Lal Mahale v. State Of Chhattisgarh

2021-07-01Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3197 of 2021 Toman Lal Mahale S/o Nain Das Mahale Aged About 35 Years R/o Ward No. 5, Maul Mata Chowk District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Secretariat, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Directorate Of Public Education Through Deputy Director, Public Education Department, First Floor, C Block, Indravati Bhavan, Atal Nagar, District Raipur Chhattisgarh

3. District Education Officer District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Akash Kundu, Advocate.

For State :

Mr. Neeraj Pradhan, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 01/07/2021

1. Aggrieved by the inaction on the part of the respondents in not considering the claim of the petitioner for compassionate appointment, the present writ petition has been filed.

2. It is a case where the father of the petitioner working on the post of Head Master died in harness on 19.05.1990. At that point of time, the petitioner was aged around 4 years. After attaining the age of majority in the year 2004, the petitioner had been pursuing with the respondents claiming for compassionate appointment and till date the application is pending consideration before the authorities and according to the petitioner after giving all sorts of assurances without any concrete decision.

-23. Counsel for the petitioner referred to a recent correspondence made by the Deputy Director, Public Instructions dated 09.03.2021 addressed to the District Education Officer, District Raipur for taking an appropriate decision in accordance with the rules and policies governing the field at that relevant point of time.

4. Given the aforesaid internal departmental correspondence between the Deputy Director to the District Education Officer i.e. between the respondent no.2 & respondent no.3, this Court at this juncture without entering into the merits of the case, without expressing any opinion so far as entitlement of the petitioner is concerned, disposes of the writ petition directing the respondent no.2 & 3 to take an appropriate decision in accordance with the law at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit