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High Court Of ChhattisgarhWPS/2222/2016disposed off

Surendra Kumar Sahu v. The Chhattisgarh State Power Holding Company Limited

2016-10-172 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2222 of 2016 Surendra Kumar Sahu S/o. Late Shri Kartik Ram Sahu, aged about 35 years, Occupation-Umemployed, R/o. Shikshak Nagar, Kohka, Near Kamla Dairy Bhilai, P.S.-Bhilai, Civil & Revenue Distt.Durg (CG) ---- Petitioner

Versus

1.

The Chhattisgarh State Power Holding Company Limited, through its Director General Manager (HRD) Daganiya, Raipur, Distt.-Raipur (CG) 2.

Deputy Managing Director, Chhattisgarh State Power Holding Company Limited, Daganiya, Raipur, Distt.-Raipur (CG) ---- Respondents For Petitioner :

Mr.Sunil Sahu, Advocate For Respondents :

Mr.K.R.Nair, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/10/2016 Heard on admission.

1.

By this petition, the petitioner has sought for issuance of direction to respondents to consider petitioner's case for grant of compassionate appointment.

2.

Facts of the case on the face of the petition are that the father of the petitioner namely Kartik Ram was working as Line Attendance Grade-II in the office of erstwhile Madhya Pradesh Electricity Board and while in service, died in harness on 13.1.1998 and application for compassionate appointment was filed on 29.12.1999 i.e. after lapse of more than one year.

3.

It is the case of the petitioner that according to the then existing policy of compassionate appointment, one member of the family of

deceased employee was entitled to compassionate appointment. But that benefit was not extended and the petitioner and his family remained illegally deprived of the benefit of compassionate appointment. It is submitted that repeated representations were made and certain informations were also sought by the respondent authorities. However, no decision was taken nor compassionate appointment was granted. Initially, the mother of the petitioner was seeking employment on compassionate ground but later on, as the petitioner became major, petitioner's mother submitted a claim for grant of compassionate appointment to the petitioner.

On petitioner's own showing, the father of the petitioner died way back in the year 1998. Eversince then, the petitioner and his family has been able to maintain themselves. After 17 years, the petitioner has now knocked the doors of the Court for issuance of direction. 4.

It needs no authority for settled legal position that compassionate appointment is not an alternative source of employment. The only object and purpose of providing compassionate appointment is to provide immediate succor to the family of the deceased employee so that the family may not suffer agony of starvation due to sudden death of sole bread earner of the family. Obviously, at the time of death of his father, the petitioner was minor. After 17 years, now, the petitioner is claiming compassionate appointment. Therefore, at this stage, no purpose would be served. The very object of granting compassionate appointment no longer subsists because the petitioner and his family has been able to survive for long years .

5.

In view of above, no direction can be issued for grant of compassionate appointment. The petition is accordingly dismissed. Sd/- (Sanjay K. Agrawal) Judge B/-