Smt. Chitrakala Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 587 of 2016 Smt. Chitrakala Pandey, widow of Late Naresh Pandey, aged about 38 years, Occupation-Service- Auxiliary Nursing Midwife, presently working as Assistant Grade-III in Receipt Section, Office of Chief Medical & Health Officer, Bilaspur, resident of Opposite Bajpai Chambers, Rajendra Nagar, Police Station Civil Lines, Bilaspur, District Bilaspur (CG) ---- Appellant versus

1. State of Chhattisgarh Through: the Secretary, Department of Health & Family Welfare, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur

2. The Director, Health Services, Govt. of C.G., Indravati Bhawan, Raipur (C.G.)

3. The Commissioner, Health & Family Welfare Department, Govt. of C.G., Raipur

4. The Chief Medical & Health Officer, Seepat Road, Sarkanda, Bilaspur ---- Respondents For Appellant :

Shri Rajeev Shrivastava, Advocate For State/Respondents :

Shri Arun Sao, Deputy Advocate General Coram:

Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, Judge Order on Board 11/01/2017

1. This writ appeal is directed against the judgment dated 2.11.2016 passed by the learned Single Judge of this Court dismissing Writ Petition (S) No. 1860 of 2016 filed by the Petitioner/Appellant whereby

she has prayed that she be given regular appointment on the post of Assistant Grade-III.

2. Briefly facts are that the husband of the Petitioner/Appellant who was in government service died in harness on 3.10.2005. Thereafter, the Appellant moved an application for grant of compassionate appointment. Vide order dated 20.12.2005, the Appellant was given appointment on the post of Auxiliary Nursing Midwife (ANM) on compassionate basis. Pursuant to this order, the Appellant joined as ANM. She raised no protest that she was not qualified for job of ANM or declined to join as ANM.

3. It was only in the year 2012, the Appellant applied for change of post and prayed that she may be given the job of Assistant Grade-III and thereafter she filed the writ petition. The learned Single Judge rightly held that once the Appellant has joined as ANM and that too on compassionate basis, she could not later on turn around and claim that she should be given the job of Assistant Grade-III. Compassionate appointment is granted to help over a family to tide over the difficulties. When the Appellant was in difficulty, only vacancy of ANM was available and that post was offered to the Appellant. The Appellant after having taken advantage of that offer for 7 years, cannot claim appointment on the post of Assistant Grade-III.

4. We, therefore, find no merit in the appeal. It is dismissed. Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE vatt