Ravi Kumar Kumbkar v. Dilraj Prabhakar Managing Director

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1142 of 2018

1. Ravi Kumar Kumbkar S/o Late Govind Ram Kumbkar Aged About 23 Years R/o Village Bachedi ,police Station And Tahsil Sahaspur Lohara -District Kabirdham Chhattisgarh. (Village Name Wrongly Mentioned As Bachili In Annexure P/1) ---- Petitioner

Versus

1. Dilraj Prabhakar Managing Director District Laghu Vanopaj Sahkari Samiti Maryadit Kawardha District Kabirdham Chhattisgarh Respondent For Petitioner :

Mr. Pramod Shrivastava, Advocate For Respondent :

Mr. F.S. Khare, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 24/04/2019

1. The present Contempt Petition has been filed alleging non-compliance of the Order dated 29.08.2018 passed by this Court in WPS No. 5571 of 2018. The respondent on notice has entered appearance and submitted the case of the petitioner was considered but he could not be granted compassionate appointment for the reason that, the respondent society does not have any provision or scheme for granting of compassionate appointment.

2. The Counsel for the Respondent further submits that the rules applicable in the department also does not have a provision for grant of compassionate appointment and in the absence of any provision of compassionate appointment, the respondent was unable to grant appointment to the petitioner.

3. Given the said submissions by the Counsel for the Respondent, this Court is of the opinion that the only recourse now left for the petitioner is of challenging the said Order dated 19.09.2018 Annexure R-1 by way of a fresh writ petition, if he wishes. So far as the compliance of the Order is concerned, the Order Annexure R-1 shows that department has in fact complied with all the directions given to the respondents.

4. The present Contempt Petition, accordingly stands disposed off reserving the right of the petitioner to challenge the subsequent development by way of fresh proceedings.

Sd/- (P. Sam Koshy) Judge Rahul