Smt. Kiran Banjare v. Shri Jitendra Shukla

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE NO. 1139 OF 2019 • Smt. Kiran Banjare, W/o Late Hemraj Banjare, aged about 38 years, Caste- Scheduled Caste, R/o Village- Damapur, Tahsil and Police StationPandariya, District Kabirdham (CG) ... Petitioner versus 1.

Shri Jitendra Shukla, Director of Panchayat, 36C, III, Block II, 2nd Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (CG) 2.

Shri Vijay Dayaram, Chief Executive Officer, Jila Panchayat, Kabirdham, District Kabirdham (CG) ... Respondents For Petitioner :

Ms. Upasana Mehta, Advocate.

For Respondents :

Mr. H.S. Ahluwalia, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/01/2020 1.

Direction in the writ petition was for considering the case of the petitioner for compassionate appointment on any other post lying in the department commensurate to her qualification.

2.

The respondents have now on due consideration rejected the claim of the petitioner on the ground that under the scheme for compassionate appointment there is no post available against which the petitioner could be considered, and unless the scheme or policy is not modified, the respondents would have to consider the claim for compassionate appointment strictly in accordance with the policy and scheme applicable.

3.

Given the said facts and circumstances of the case, particularity considering the reply that the respondents have filed, this Court is of the opinion that the order of this Court stands duly complied with. However, in case, if the petitioner is aggrieved of any subsequent decision that the respondents have taken or she intends to challenge the policy of the State Government, she would be at liberty to challenge the same by way of a fresh proceeding. 4.

The contempt petition stands accordingly disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE