Smt. Tara Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5257 OF 2019

1. Smt. Tara Mishra W/o Rajnarayan Mishra Aged About 63 Years R/o Deepak Dairy, Jabbal And Sons Gali, Nehru Nagar, Bilaspur Chhattisgarh.

2. Amita Dubey D/o Rajnarayan Mishra Aged About 42 Years W/o Praveen Kumar Dubey, R/o Deepak Dairy, Jabbal And Sons Gali, Nehru Nagar, Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Home Department Mahanadi Bhawan, Naya Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh.

2. Director, Directorate, Public Prosecution, Office Of Chhattisgarh Headquarter, 3rd Block 4th Floor, Indrawati Bhawan, Atal Nagar, District Raipur Chhattisgarh.

3. Deputy Director Office of Deputy Director, Prosecution, Court Campus Janjgir - Champa, District Janjgir - Champa Chhattisgarh.

4. District Public Prosecution Officer Office Of District Public Prosecution Officer, District Janjgir - Champa Chhattisgarh. ... Respondent(s) For Petitioners :

Shri Vinod Deshmukh, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22.07.2019 1.

The grievance of the petitioners is that son of the petitioner No.1 and brother of the petitioner No.2, who was working with the respondents as District Prosecution Officer, died in harness on 13.06.2018. The petitioner No.1 had moved an application on 23.07.2018 seeking compassionate appointment in favour of the petitioner No.2, the sister of the deceased employee.

2.

According to the counsel for the petitioners, the respondent No.2 had processed the case of the petitioners and have forwarded the same to the respondent No.1, however, thereafter, there has been no further decision.

3.

Given the aforesaid factual matrix of the case, this court is of the opinion that ends of justice would meet if the writ petition is disposed of directing the respondents No.1&2 to take a decision on the claim of the petitioners at the earliest. While taking a decision, the respondents would be free to conduct an enquiry so far as dependency of the petitioners on the deceased employee is concerned as it appears that the petitioner No.2, the sister of the deceased employee, is a married lady and that her Husband also is presently alive and they are residing together. Let an appropriate decision be taken within a period of four months from the date of receipt of copy of this order.

4.

It shall be the responsibility of the petitioners to apprise the respondents No.1&2 so far as order passed by this court is concerned. 5.

Accordingly, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder