Saraswat Dhruw v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 8329 OF 2018

1. Saraswat Dhruw, S/o Late Manharan Dhruw, aged about 23 years, R/o Buda Dev Para, Ward No. 03, Sukul Para, Village - Nawagarh, Tahsil Nawagarh, District Bemetara, Chhattisgarh.

...Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Chief Executive Officer, Jila Panchayat, Durg, District Durg, Chhattisgarh

3. District Education Officer, Bemetara, District Bemetara (C.G.)

4. Block Education Officer, Nawagarh, District Bemetara (C.G.) ... Respondent(s) For Petitioner :

Shri A.K. Prasad, Advocate.

For Respondent-State :

Ms. Sunita Jain, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14.12.2018 1.

The claim of the petitioner by way of this writ petition is for grant of compassionate appointment.

2.

Facts of the case is that the father of the petitioner working as Shiksha Karmi, Grade-III in the Government Primary School 'Gopal Bhaina' at Nawagarh District Bemetara (C.G.) died in harness on 05.10.2009. Initially the widow of the deceased had moved an application but the same was returned back on the ground that she does not fulfill the minimum eligibility criteria required for grant of compassionate appointment. Later on it is learnt that the petitioner, the son of the deceased employee, has filed an application for compassionate appointment and his application has been forwarded by the Chief Executive Officer, Janpad Panchayat, Nawagarh to the Program Director,

District Rural Development Authority. The said application/claim of the petitioner is still till date pending consideration without a decision. 3.

Given the factual matrix of the case, let respondent No.2 take a decision on the claim of compassionate appointment in respect of the petitioner in the light of the scheme of compassionate appointment applicable in the department. In case if the petitioner has not made any claim to respondent No. 2 till date, he may forward his claim to respondent No. 2 within a period of two weeks from the date of receipt of copy of this order and in turn, the respondent No. 2 may decide his claim application within a further period of ninety days from the date of claim application. While submitting the claim application before the respondent No. 2, the petitioner may support his claim application with all relevant documents. 4.

With the aforesaid observation, the Writ Petition stands disposed off. Sd/- (P. Sam Koshy) Judge Priyanka