Smt. Neelam Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 185 of 2017 Smt. Neelam Yadav D/o Late Ratan Sai, aged about 29 years R/o Bhattapara, Behind Manipur School, Ambikapur, District Surguja (CG). ---- Petitioner

Versus

1. State of Chhattisgarh Through : The Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh).

2. Chief Engineer, Water Resources Department, Bilaspur (Chhattisgarh)

3. Collector, District Surguja (Chhattisgarh)

4. Superintendent Engineer, Shyam Barnai, Project Division, Ambikapur, District Surguja (Chhattisgarh).

---- Respondents For Petitioner :

Shri CJK Rao, Advocate.

For Respondent/State :

Shri Shashank Thakur, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 01/03/2017

1. The petitioner by way of this petition seeks a direction to the respondents to consider her case for grant of compassionate appointment.

2. The petitioner is the married daughter of late Ratan Sai. The father of the petitioner i.e. Ratan Sai, while working as Peon in the office of respondent No.4 died in harness on 05.11.2011. The petitioner is the sole dependent of the deceased employee. Therefore, she moved an application for grant of compassionate appointment on 02.03.2012 and till date the said application of the petitioner has not been decided.

3. Learned counsel for the petitioner submits that the issue whether married daughter would be entitled for compassionate appointment or not is no longer res-integra as the said issue has already been considered and

decided on 30.11.2015 by this court in Writ Petition (S) No.296 of 2014 (Smt. Sarojni Bhoi Vs. State of Chhattisgarh & Others) and as such, the present writ petition is squarely covered by the said decision.

4. It is further informed by the petitioner that pursuant to the decision of this High Court, the policy of the State Government itself has been modified and amended to the extent that the married daughters have also been held eligible for compassionate appointment.

5. In view of the aforesaid factual matrix of the case, this court is of the opinion that ends of justice would meet if this court is disposed of with a direction to the respondents No.2 and 3 to take an appropriate decision on petitioner's claim for grant of compassionate appointment keeping in view the decision of this court in case of Smt. Sarojni Bhoi (Supra) as well as subsequent modification that has been brought in respect of the policy of the compassionate appointment of the State Government.

6. It is ordered accordingly.

7. Let a suitable decision be taken by the respondents No.2 and 3 in this regard within a period of four months from the date of production of a copy of this order.

8. With the aforesaid direction, the petition stands disposed of. Sd/- (P.Sam Koshy) Judge inder