Annapurna Pandey v. Janpad Panchayat

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4170 of 2018 Annapurna Pandey W/o W/o Late Shri Deenbandhu Pandey, Aged About 35 Years R/o Village Kedar, Post Sewar, Tehsil Bilha, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Janpad Panchayat Through The Chief Executive Officer, Janpad Panchayat- Bilha, Bilaspur, Chhattisgarh

2. Jila Panchayat, Through The Chief Executive Officer, Jila Panchayat, Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate.

For Respondents :

None Hon'ble Shri Justice P. Sam Koshy Order on Board 23.09.2021.

1. The grievance that the petitioner has in the present writ petition is the inaction on the part of the respondents in considering the claim of the petitioner for compassionate appointment commensurate to the educational qualification of the petitioner that petitioner has.

2. Contention of the petitioner is that the husband of the petitioner was appointed as a Shiksha Karmi and who died in harness after more than 17 years of continuous service on 04.03.2015. The petitioner applied for grant of compassionate appointment to the respondents which till date has not been considered and decided and the respondents are orally informing the petitioner that since she does not have the requisite eligibility criteria for appointment to the post of Teacher, the petitioner has not been considered for compassionate appointment.

3. The petitioner herein at this juncture submits that the petitioner is also ready to discharge the duty on any other post commensurate to the educational qualification that she has and if at all if the petitioner does not

-2have requisite qualification, she may be given any appointment under the respondents taking into consideration the qualification that she has, even if it be on a Class-IV post.

4. Given the said submissions by the counsel for the petitioner and also taking the note of the fact that the claim of the petitioner till date has not been decided and is pending consideration before the authorities, the writ petition at this juncture stands disposed of directing the respondent no.1 & 2 to take an appropriate decision in respect of the claim of the petitioner. That while taking the decision respondents should also consider the submissions that petitioner has made and for which she would also be at liberty to move appropriate application giving an undertaking that she may also be considered for appointment of any other lower category of post commensurate to the qualification that she has.

5. Let an appropriate decision be taken in this regard at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit