Smt. Anita v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8447 of 2019

1. Smt. Anita, W/o. Late Shri Gautam Lodhi, Aged About 45 Years, R/o. Village - Bhulatola, Thana And Tahsil - Khairagarh, Civil And Revenue District - Rajnandgaon Chhattisgarh.

2. Smt. Dhanbai, W/o. Late Shri Ashok Lodhi, Aged About 38 Years, R/o. Ward No. 09 Chhuikhadan, Tahsil - Chhuikhadan, Civil And Revenue District - Rajnandgaon Chhattisgarh.

---- Petitioners

Versus

1. The State Of Chhattisgarh, Through The Secretary, Forest Department, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur, District - Raipur, Chhattisgarh.

2. The State Of Chhattisgarh, Through The Secretary, Urban Administration Department, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur, District - Raipur Chhattisgarh.

3. Collector Rajnandgaon, District - Rajnandgaon Chhattisgarh.

4. Chief Conservator Of Forest, Raipur, District - Raipur Chhattisgarh.

5. Divisional Forest Officer, Forest Division Kairagarh, District - Rajnandgaon Chhattisgarh.

6. Chief Municipal Officer, Municipal Council Chhuikhadan, DistrictRajnandgaon Chhattisgarh. ---- Respondents For Petitioners :

Mr. Sumit Shrivastava, Advocate For State :

Mr. Kunal Das, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.10.2019 Heard.

1. Grievance of the petitioners is that the husband of the petitioner No.1, Gautam Lodhi was working as Peon in the Forest Department died on 16.10.2018 ; whereas the husband of the petitioner No.2, Ashok Lodhi, who was working with C.M.O. Office died on 11.10.2018. Both the decease were daily wager employee and as per the policy of the State, in case of death of daily wager instead of compassionate appointment, Rs.1,00,000/- as

compensation are to be given. Both the petitioners have not been given such compensation amount of Rs.1,00,000/- each and they have moved the representation but the same remains undecided.

2. In the instant petition though two petitioners have joined, it appears that prima facie there is misjoinder of cause of action. However, taking into fact that petitioners are widow of daily-wager employees who died in harness, it is directed that both the petitioners will separately move a representation. The petitioner No.1 make a representation to the respondent No.4 & 5 namely Chief Conservator of Forest & Divisional Forest Officer; likewise the petitioner No.2 makes a representation before the respondent No.6, C.M.O. Municipal Council Chhuikhadan to get the amount of compensation as per the policy of the State. The fresh representation may be filed within a period of 15 days and if such representation having been filed, the same may be decided within a period of 60 days from the date of filing of such representation.

3. With such observation, the petition stands disposed off. Sd/- Goutam Bhaduri Judge Ashok