Nitesh Gaikwad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5201 of 2020

1. Nitesh Gaikwad S/o Late Deo Charan Gaikwad, Aged About 25 Years R/o Village And Post Jepra, Tahsil Charama, District North Bastar Kanker Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Veterinary Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh

2. Secretary, General Administration Department, Veterinary Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh

3. Director, Directorate Veterinary Services, Indrawati Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh

4. Collector, North Bastar, Kanker, District North Bastar Kanker Chhattisgarh ---- Respondents For Petitioner : Shri K. N. Nande, Advocate.

For State : Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14.12.2020

1. The grievance of the petitioner in the present writ petition is the non consideration the claim of the petitioner for compassionate appointment in a class-III category post.

2. The fact of the case is that father of the petitioner was working as an Assistant Field Veterinary Officer, who died in harness on 12.09.2019, the petitioner thereafter immediately submitted his application for being considered for compassionate appointment. The respondent on due consideration of the same have offered the petitioner a class-IV post. According to the petitioner, he is a Post Graduate in M.A. (final) Public Administration with Diploma in Computer Application.

According to the petitioner, father of the petitioner (the deceased employee) was also working in a class-III category post therefore the petitioner also ought to had been considered against the class-III post. The petitioner has also offered for being posted anywhere out of the District, subject to availability of vacancies anywhere in the department.

3. The State Counsel at this juncture submits that the case of the petitioner is still under consideration before the respondent No. 1 where a decision is yet to be taken and a decision on the same shall be taken at the earliest.

4. Given the fact that matter is still under consideration before the respondent No. 1, it is expected that the respondent No. 1 shall take necessary steps, in taking a decision on the claim of the petitioner for compassionate appointment against the class-III post in accordance with the Rules and Regulations and Policy governing the field at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha