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High Court Of ChhattisgarhWPS/6756/2016disposed off

Umesh Kumar Mandavi v. State Of Chhattisgarh

2016-12-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6756 of 2016 Umesh Kumar Mandavi, son of Shri Hirdeshah Mandavi, Caste Gond, aged about 29 years, R/o Village Malhar, Tahsil Manpur, District Rajnandgaon (CG).

---- Petitioner

Versus

1.

State of Chhattisgarh, through Chief Secretary, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (CG). 2.

Chief Executive Officer, Zila Panchayat Rajnandgaon, District Rajnandgaon (CG).

---- Respondents For Petitioner :

Shri Vinod Kumar Sharma, Advocate.

For State :

Shri Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/12/2016 (1) This writ petition has been filed by the petitioner questioning the order dated 06.09.2016 passed by respondent No.2 i.e. Chief Executive Officer, Zila Panchayat, Rajnandgaon by which, the petitioner's application for grant of compassionate appointment have been returned to the Incharge Officer, Shiksha Karmi Branch, Jila Panchayat, Rajnandgaon.

(2) Learned counsel appearing for the petitioner would submit that the petitioner's application has not been considered and decided on the basis of notifications of State Government dated 30.08.2011 & 20.05.2014, which were still in force on the date of

death of Shiksha Karmi as death occurred prior to 08th January, 2016 and, as such, his case for grant of compassionate appointment has to be considered and decided as per the circulars applicable on the date of death of Shiksha Karmi by the respondent authorities.

(3) Be that as it may, since the petitioner's application for grant of compassionate appointment has not been considered by the respondent authorities till this date, respondent No.2 i.e. Chief Executive Officer, Jila Panchayat, Rajnandgaon is directed to consider the case of the petitioner for grant of compassionate appointment as per notifications applicable on the date of death of Shiksha Karmi and take a decision on its own merit, in accordance with law preferably within a period of two months from the date of receipt of a certified copy of this order along with representation of the petitioner.

(4) With the aforesaid observation, the writ petitions stand finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-