High Court Of ChhattisgarhWPC/4129/2021disposed off

Johny Jaineet Kerketta v. State Of Chhattisgarh

2021-10-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4129 of 2021

1. Johny Jaineet Kerketta S/o Late Prabodh Kerketta Aged About 21 Years R/o Quarter No. D-29, Pension Bada, Raipur, District Raipur (Chhattisagrh),

2. Smt. Kusum Kerketta W/o Late Prabodh Kerketta Aged About 47 Years R/o Quarter No. D-29, Pension Bada, Raipur, District Raipur (Chhattisagrh), ---- Petitioners

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh),

2. Director, Directorate Of Estate (Home Department), Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Shashank Thakur, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.10.2021 Heard.

1. Learned counsel for the petitioner submits that the father of the petitioner, who was a Sub-Inspector at the Police Headquarter Raipur, was allotted government accommodation bearing Quarter No. D-29 at Pension Bada Raipur. He breathed his last on 09.04.2020, thereafter a permissible possession was granted to the wife of the deceased i.e. mother of the petitioner on payment of license fees uptil 08.04.2021. He further submits that the petitioner, thereafter, was appointed on a compassionate ground to the post of Constable and by the notice dated 25.09.2021 (Annexure P/1), the petitioner has been asked to vacate the house D-29 at Pension Bada Raipur and 15 days' time was granted otherwise, it would be forcefully vacated.

2. Learned State counsel opposes the argument.

3. Having considering the fact that the father of the petitioner who was a SubInspector was allotted a government accommodation bearing Quarter No. D-29, the

petitioner who was appointed on a compassionate ground on the post of Constable cannot claim the same parity of the deceased father which are the part of the service and emolument. Therefore, if the notice has been issued to the petitioner to vacate the Quarter No. D-29, it is to be complied with. The petitioner is given two months' time to vacate the premises from today and till then no forceful recovery shall be made.

4. With the aforesaid observation/ direction, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Vishakha