Jagdish Sidar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2314 of 2016 Jagdish Sidar S/o Late Shri Babulal Sidar, Aged About 21 Years R/o Village Singpuri, Post Baradoli, Block Pussore, District Raigarh, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh)

2. Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh)

3. Director, Public Instructions, Indrawati Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh)

4. Collector, Raigarh, Distt. Raigarh, (Chhattisgarh)

5. District Education Officer, Raigarh, Distt. Raigarh, (Chhattisgarh)

6. Block Education Officer, Raigarh, Distt. Raigarh, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Dhaniram Patel, Advocate For State :

Shri Sangharsh Pandey, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/08/2016 Heard on admission.

1. Learned counsel for the petitioner submits that after the death of petitioner's father in the year 2012, application was immediately submitted by the mother of the petitioner that the petitioner may be granted compassionate appointment upon attaining age of majority.

2. Learned counsel for the petitioner submits that though the petitioner has

-2attained the majority, within a period of 3 years from the date of death of his father, the application could be submitted three days thereafter. According to him, the policy provides that if application is filed after 3 years but within 5 years, the same will require approval of the higher authority. It is stated that the matter is pending approval, but till date, the final decision has not been taken.

3. Considering the material on record and various communications, it appears that till date, the application for grant of compassionate appointment has not been decided by the respondent. Let the application for compassionate appointment be decided within an outer limit of 4 months from the date of receipt of copy of this order by respondent No.2 as per the relevant policy in force on the date of death of petitioner's father.

4. With the aforesaid observation/direction, the petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen