Shilpa Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6519 of 2021 • Shilpa Patel D/o Late Shri Ram Prasad Patel Aged About 30 Years R/o Ward No. 38 RNT Lane Bilaspur, Hemu Nagar Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principla Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh, District Raipur Chhattisgarh.

2. Joint Disrector, Public Education Division Bilaspur Chhattisgarh

3. District Education Officer, Bilaspur Chhattisgarh. ---- Respondents For Petitioner :Shri Swajeet Singh Ubeja, Advocate.

For Respondents/State :Smt. Sunita Jain, Govt. Advocate on advance copy.

Hon'ble Shri Justice Sanjay S. Agrawal Order on Board 26.11.2021 1.

The grievance of the petitioner is to the inaction on the part of the respondent authorities in not taking a decision on her representation / application made on 13.04.2021 and 02.11.2021 till date. 2.

Learned counsel for the petitioner submits that father of the petitioner, namely, Ram Prasad Patel, who was working as Accountant - Grade-III in the Office of Joint Director (Education), has died in harness on 19.01.2021. It is contended further that the petitioner possessed all the requisite qualifications to secure the compassionate appointment in place of her father as she is holding a Bachelors Degree in Arts, and therefore, immediately after the sad demise of her father, an application in this regard was made before respondent No.2 - Joint Director, Public Education, Division Bilaspur on

13.04.2021 (Annexure P/2). It is contended further that when the said application was not decided, therefore, the petitioner has submitted a representation for the said purpose on 02.11.2021 (Annexure P/1). However, the same has also not been decided till date. 3.

Counsel appearing for the petitioner, therefore, prays for disposal of this writ petition by directing respondent No.2 to consider and decide the said application / representation, at the earliest. 4.

In view of above, this Court feels that no fruitful purpose would be served in keeping the writ petition pending as the same can be disposed of at this stage itself. Accordingly, this petition is disposed of by directing respondent No.2 - Joint Director, Public Education to take an appropriate decision on the said application / representation made on 13.04.2021 and 02.11.2021 within a period of 90 days from the date of communication of this order.

5.

It is made clear that while disposing of the petition this Court has not expressed any opinion on the merits of the case and the concerned authority shall decide the same in accordance with law 6.

With the aforesaid direction, the present writ petition accordingly stands disposed of.

Sd/- (Sanjay S. Agrawal) Judge Anjani