Rohan Kadam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3544 of 2020 • Rohan Kadam S/o Santosh Rao Kadam, Aged About 27 Years R/o Kadam Bada, Sarkanda Bilaspur, near Dreamland School, Police Station Sarkanda, Bilaspur District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh

2. Assistant Engineer, Public Health Engineering Department, Sub Division Mungeli, District Mungeli Chhattisgarh

3. Executive Engineer, Public Health/ Mechanical Engineering Department, In Front Of Indira Vihar S E C L Colony, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Bhavesh Acharya, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 03/09/20

1. Heard.

2. Learned counsel for the petitioner would submit that the only limited prayer of the petitioner is that the petitioner's application for the compassionate appointment which is pending at the end of the respondent No.3 may be directed to be decided.

3. It is contended that one Sunita Jadhav was in service with the respondents, she

had bequeathed her entire property including the service benefits in favour of Rohit Kadam and Rohan Kadam and further submitted an application on 22.06.2019 in the department that if she dies in service then for compassionate appointment Rohit Kadam & Rohan Kadam may be considered. It is further contended that Sunita Jadhav died on 24.08.2019 and one of the brothers namely Rohit Kadam has waived his right, under the circumstances, the petitioner has filed the application for compassionate appointment, which may be considered.

4. Learned State counsel would submit that the application for compassionate appointment would be considered in accordance with the existing rules and in accordance with law.

5. I have heard learned counsel for the parties and perused the documents. Perused the photocopy of the registered WILL dated 12th of December, 2005 (Annexure P-1) as well as the letter dated 22.06.2019 (Annexure P-2) which are on record. Perusal of Annexure P-3 would show that Sunita Jadhav has died on 24.08.2019. In view of this, considering all the documents, the respondents are directed to decide the pending application of the petitioner for the compassionate appointment in accordance with law within a period of 4 months from the date of receipt of certified copy of this order.

6. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/-/- Goutam Bhaduri Judge Ashu