Harilal Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4366 of 2019 Harilal Jaiswal S/o Late Shri Jiwan Jaiswal, Aged About 36 Years, R/o Village And Tahsil Padariya, Police Station- Budhar, DistrictAnnuppur, Madhya Pradesh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh

2. Collector, District- Bilaspur, Chhattisgarh

3. Chief Executive Officer, Jila Panchayat Bilaspur, District- Bilspur, Chhattisgarh ---- Respondents For Petitioners :

Mr. S. P. Kale, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.06.2019

1. The relief sought in the present writ petition is for a direction to the respondents to consider the claim of the petitioner for compassionate appointment.

2. The facts of the case are that the petitioner's wife was working as a Shiksha Karmi Grade-III who died in harness on 12.03.2016. The petitioner in the capacity of spouse had applied for compassionate appointment. The petitioner has got qualification of Post Graduate in Political Science and Sociology and also got PGDCA along with D.Ed.

qualification. The petitioner had applied for compassionate appointment which was rejected on the ground that the petitioner has not passed TET examination. Thereafter the petitioner moved an application requesting the authorities for considering appointment of the petitioner as a Panchayat Secretary in the light of the circular of the State Govt. dated 08.01.2016 and also 24.08.2016 whereby the State Govt. had framed a policy of giving appointment on the post of Gram Panchayat Secretary in case the applicant does not have requisite qualification for appointment to the post of Assistant Teacher (Panchayat). The said application has been duly forwarded by the Chief Executive Officer, Zila Panchayat, Bilaspur to Dy. Director, Panchayat, Bilaspur. However, thereafter there is no progress in the case of the petitioner.

3. Given the facts and circumstances of the case, this Court is of the opinion that ends of justice would meet if the writ petition is disposed of with a direction to respondents 1 & 3 to take an appropriate decision on the claim of the petitioner for compassionate appointment on the post of Gram Panchayat Secretary at the earliest preferably within a period of 4 months from the date of receipt of copy of this order. It shall be the responsibility of the petitioner to apprise respondents 1 & 3 so far as the order passed by this Court is concerned.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai