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High Court Of ChhattisgarhWPS/5408/2021disposed off

Ishwari Prasad Chaudhary v. State Of Chhattisgarh

2021-10-06Hon'Ble Shri Justice P. Sam Koshy4 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5408 of 2021 Ishwari Prasad Chaudhary S/o Late Shyam Kumar Patel Aged About 30 Years R/o Chhewaripali (Dhobanpali), Tehsil Baramkela, District Raigarh, Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2.

District Education Officer Raigarh, District Raigarh, Chhattisgarh. ----Respondents For Petitioner :

Mr. Krishna Tandon, Advocate For State :

Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/10/2021 1.

The claim of the petitioner in the present writ petition is for an appropriate direction to the respondents to consider the claim for compassionate appointment at the earliest.

2.

The petitioner claims himself to be the adopted son of late Shyam Kumar Patel. Late Shyam Kumar Patel, the father of petitioner was working under the respondents as an Assistant Internal Audit Officer, who died in harness on 09.08.2015. According to the petitioner, the petitioner has a valid adoption deed and also a decree from the competent Court of law in his favour in respect of his adoption. He submits that inspite of having made a prompt application before the authorities, the same is still pending consideration and it has not been finalized.

3.

Given the limited grievance of the petitioner, the writ petition at this juncture stands disposed of directing the respondents No.1 & 2 to take an appropriate decision on the claim of the petitioner for compassionate appointment after due verification of entitlement of the petitioner in respect of adoption part. Let an appropriate decision be taken at the earliest preferably within a period of 4 months from the date of receipt of the copy of this order.

4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 642 of 2021 Ishwar Prasad Chaudhary S/o Late Shyam Kumar Patel Aged About 30 Years R/o Chhewaripali (Dhobanpali) Tehsil Baramkela District Raigarh Chhattisgarh ---- Applicant

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 2.

District Education Officer Raigarh District Raigarh Chhattisgarh ---Respondents For Applicant :

Mr. Krishna Tandon, Advocate For State :

Mr. Kapil Maini, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 24/11/2021 1.

The present MCC has been filed seeking modification of the order dated 06.10.2021 passed by this Court in WPS No. 5408/2021. 2.

Vide the said MCC the applicant has sought for a modification so far as the post against, which the deceased employee i.e. father of the petitioner was working. According to the applicant, his father was working on the post of Principal, at the Govt. Higher Secondary School, Baramkela, District Raigarh, which inadvertently has got written as 'Assistant Internal Audit Officer'. 3.

Counsel for the applicant submits that the error was on the part of the office of the counsel for the petitioner, who have wrongly got typed the post of the father of the petitioner and prays for an appropriate modification in this regard.

-24.

The limited modification sought for is not opposed by the State counsel, accordingly the order dated 06.10.2021 passed in WPS No. 5408/2021 is modified to the extent that in paragraph No.2, where the post of the father of the petitioner is written as 'Assistant Internal Audit Officer', the same shall be read as 'Principal, Govt. Higher Secondary School, Baramkela, District Raigarh. 5.

With the aforesaid modification, the present MCC stands allowed and disposed of.

6.

Let a copy of this order be made part of the record of WPS No. 5408/2021.

Sd/- (P. Sam Koshy) Judge Ved