Sushila Bai Devi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2685 of 2020 • Sushila Bai Devi Wd/o Sanat Kumar Agrawal Aged About 65 Years R/o Village Chhadiya , Post Balaundi, Police Station And Tahsil Palari , District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary General Administrative Department, Mantralaya, Atal Nagar, Nava Raipur , District Raipur Chhattisgarh

2. The Superintendent Engineer Public Works Department , Division No. 2, Raipur, District Raipur Chhattisgarh.

3. The Executive Engineer Public Works Department, Baloda Bazar Bhatapara Chhattisgarh.

---- Respondents ---------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Dashrath Kushwaha, Advocate For State :

Ms. Akansha Jain, Dy. G.A Hon'ble Shri Justice Goutam Bhaduri Order on Board 14/07/2020

1. Heard

2. The fact of this case is that one Sanat Kumar Agrawal was a Government employee who died in harness on 11.07.1999, in his place, his adopted son namely Anand Agrawal was given the compassionate appointment in the year 1999. Subsequently, Anand Agrawal also died on 30.12.2015 and thereafter, the widow of Sanat Kumar Agrawal, (Sanant Kumar Agrawal was initial employee), has filed an application on 05.05.2020 for the compassionate appointment to appoint her nephew Deepak Agrawal instead of wife of Anand Kumar Agrawal i.e. daughter-in-law namely Papita @ Puja

Agrawal. It is only prayed that the respondents may be directed to decide the application of the petitioner without any observation on merit.

3. Considering the limited prayer made by the petitioner, without any observation on the merit about the entitlement of claim, it is directed that the respondent No. 3 shall decide the application of the petitioner. It is made clear that this Court has not expressed any opinion on the claim of the petitioner to appoint his nephew. The Respondent No. 3 is expected to pass an order purely in accordance with the rules and regulations/ circular governing the field and take a decision on the application of the petitioner preferably within a period of six months from the date of receipt of copy of this order.

4. Accordingly, the writ petition stands finally disposed off. Sd/- (Goutam Bhaduri) Judge Vishakha