High Court Of ChhattisgarhWPS/3305/2021disposed off

Smt. Rina @ Reena Bhuarya v. State Of Chhattisgarh

2021-07-06Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3305 of 2021 Smt. Rina @ Reena Bhuarya Wd/o Late Shri Keshu Ram Bhuarya, Aged About 36 Years, R/o House No. 25, Kumharras, Ward No. 15, Sukma, District Sukma, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Department Of School Education, Ministry, Mahanadi Bhavan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. The Director, Directorate Of Panchayat And Rural Development, Raipur, District Raipur, Chhattisgarh

3. The Collector, District Sukma, Chhattisgarh

4. Chief Executive Officer, District Panchayat Sukma, District Sukma Chhattisgarh

5. District Education Officer, Education District Sukma, District Sukma Chhattisgarh

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

Mr. Alok Kumar Dewangan, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 06.07.2021

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

2. The facts of the case are that the petitioner herein is the wife of late Keshu Ram Bhuarya who died in harness on 14.07.2015 working on the post of Shiksha Karmi Grade-III at Government Primary School Gandharpara Badesatti, Sukma, District Sukma. The petitioner is a physically handicapped person with 40% disability. The petitioner who is the widow of deceased employee had submitted an application for compassionate appointment on 18.08.2015 but till date no final order has been passed on the claim of the petitioner by the respondents and she is being made to run from pillar to post seeking an order of compassionate appointment in her favour so that she can sustain herself.

3. Though according to the petitioner the authorities have orally said that because of the physical disability which the petitioner suffers she is not being considered and the authorities have orally turned down the request of the petitioner but there is no formal order passed by the department on the application moved by the petitioner.

4. Given the said facts, the respondents 2, 4 & 5 are directed to immediately process the claim of the petitioner and consider and decide her application strictly in accordance with the rules and regulations governing the field at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

5. In case the claim of the petitioner is rejected, the same should be by a speaking and reasoned order so that the petitioner may know the ground on which she has been found ineligible for compassionate appointment.

6. With the aforesaid observation the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai