Balram Singh Korche v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 967 OF 2017 Balram Singh Korche, aged about 31 years, S/o Late Shri Balbir Singh Korche, R/o Village- Jilda, P.O. Kodgar, Tah. Pendra, District Bilaspur (C.G.) ... Petitioner

Versus

1.

State of Chhattisgarh, through Secretary, Panchayat and Gramin Vikas Vibhag, Mantralaya Bhawan, Naya Raipur, Police Station- Naya Raipur, District Raipur (C.G.) 2.

Director, Panchayat & Social Welfare, Raipur, District Raipur (C.G.) 3.

Deputy Director, Panchayat & Social Welfare, District Bastar, Jagdalpur (C.G.) 4.

Chief Executive Officer, Janpad Panchayat, Bakawand, District Bastar (C.G.) ... Respondents For Petitioner :

Mr. Ashok Swarnakar, Advocate.

For Respondent-State :

Mr. Gary Mukhopadhyay, Dy. Govt.

Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/02/2017 1.

The present writ petition has been filed by the Petitioner seeking for a direction to the Respondents for considering his case for grant of compassionate appointment.

2.

According to the Counsel for the Petitioner, father of the Petitioner was employed as Assistant Gram Panchayat Officer in Gram Panchayat Jaitgiri, Janpad Panchayat Bakawand, District Bastar. He died in harness on 15.5.2010. Immediately, thereafter, an application for grant of compassionate appointment was moved, but the same is still pending consideration before the Respondents who have not taken any decision on it. Counsel for the Petitioner refers to Annexure P-5, dated 17.11.2011, the document issued by Respondent No.3 forwarded to Respondent No.2 for considering the case of the Petitioner, and submits that thereafter there is no further intimation to the

-2Petitioner. Counsel for the Petitioner prays for a limited direction to be issued to the respondent authorities for considering the case of the Petitioner. 3.

Counsel for the State, at this juncture, submits that Annexure P-5 is a document dated 17.11.2011 and a direction may be issued to Respondent No.2 for deciding the same in case, if it has not been decided till date, considering the time elapsed in between.

4.

Accordingly, the present writ petition is disposed of, with a direction to Respondent No.2 to take a decision on the claim put forth by the Petitioner for grant of compassionate appointment. It is further directed that in case, if the Respondent No.2 is not the competent authority then he shall also ensure that appropriate instructions is issued to the competent authority who is to take decision in respect of the case of the Petitioner. Let the said action be completed within a period of four months from the date of receipt of certified copy of this order by the Respondent No.2. It shall be the duty of the Petitioner to produce the certified copy of this order to the notice of Respondent No.2.

5.

The present writ petition stands accordingly finally disposed of with the aforesaid direction.

Sd/- (P. Sam Koshy) /sharad/ Judge