Priyaranjan Gupta v. State Of Chhattisgarh

sNAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3960 of 2020 • Priyaranjan Gupta S/o Late Pradeep Kumar Gupta Aged About 27 Years R/o House No. 77k, Gountiya Para, Village / Post Loing, Block Raigarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. Director Directorate Of Public Insutrctions, Indravati Bhawan, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

3. Collector Raigarh, District - Raigarh , Chhattisgarh.

4. District Education Officer Raigarh, District- Raigarh, Chhattisgarh

5. Block Education Officer Tamnar, Block Tamnar, District - Raigarh, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Dhani Ram Patel, Advocate For State :

Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.10.2020

1. Heard

2. Learned counsel for the petitioner submits that the father of the petitioner namely Late Pradeep Kumar Gupta died in harness on 16.04.1997, the death certificate is filed as Annexure P/1. The petitioner and his mother were dependent on him and at the time of his death, the petitioner was minor. Thereafter, in the year 2011, the

petitioner being the son, filed an application for compassionate appointment before the respondent No. 5 (Block Education Officer, Block Tamnar Distt. Raigarh C.G.) by Annexure P/3 dated 05.07.2011. It is further submitted that the said application for compassionate appointment was not decided and the petitioner was assured orally that his application would be considered however, lastly on 16.06.2020, the petitioner again had filed an application for compassionate appointment, therefore the respondent authorities may be directed to consider and decide the same.

3. Perused the record. Perusal of the record shows that as on date, there is nothing on record to show that as to what happened to the earlier application which was filed by the petitioner on 05.07.2011. Therefore, it is directed that if the earlier application is not decided then the respondent authorities shall decide the application of the petitioner within a period of six months from the date of receipt of copy of this order. It is further made clear that by this order no right has been created in favour of the petitioner. It is only on the prayer of the petitioner taking into the background this order is passed meaning thereby no observation as to merit as well as the right of the petitioner has been created and the respondent authorities shall decide the case of the petitioner on its own merit.

4. With the aforesaid direction/ observation, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge Vishakha