•'? IN THE HONABLE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR C.G. <^ W. P. No..................'^.o.£n'.........2005 ^ ^'^v ^f^^ ^^^p ^y^^ , .^0'".^'...•••" ^y^ '^^ ®t 1NQLE 9ENCH PETITIONER. Nitin Agrawal aged 25 years son of Late Shri Ajendra Kumar Agrawal , Sammvida Sala Sikchhak Verg - 3. Govt. Primary School (Kataro, District Durg (C.G.) Versus Respondent 1. The State Government of Chhattishgarh, Through the Secretary,SchooI Education Deptt D.K.S.Bhavan, Raipur (C.G.) f^.0?^' 2- The Distril:t Education Officer, Durg (C.G.) -; ••1 f.r' • .;,. . •"f /• , """^¥^:.^' c^ui-G^' Writ Petition under Articles 226/227 of the Constitution_of.India. _Tlie_n<tAillAn*u-_>.ntu'"-*^c"l*—^-~~:' XI-HC-22 w-reTTsn*iich 3^ ^ww^, wS\w\e, Rfcfiyy< 3ll3;?l ^a<h ^.t?.f..up.?^....,Wi; 200 sii^rw R-ii+sn^r S»>11=h R;(rf?(T 311^1 jwiWHfer S.4.2005 Shri Ajay Shrivastava, coun^ Shri Akhil Agrawal, Panel L^ By this writ petition under petitioner has prayed for regul&r Assistant Teacher. The case of the petitioner isj who was working as Teacher in Durg. died in harness on 6.7.199^. earner in the family and on accou< is no source of income of the pel applied for appointment on comps|i was allowed and he has been 30.5.2002 (Annexure P-2). Furth^ have been appointed on regular| dated 10th June, 2003 issued Department, Govt. of C.G., Raipur) Counsel for the petitioner of the above scheme of compasfs have been appointed as a regu| appointed as daily wager or ad-h^i (3) of Clause 6 of the said meant for compassionate provided the applicant is qualifiecj shall not be made on daily wage, 4d 1 have perused the petition schehie appointjnent '»ii<([<-i41-i*<itfaTffte^<Riwi< ^sff^ffsn^r ^el for the petitioner. jwyer for the State. AKicle 226/227 of the Constitution of India the lappointment from 30.5.2002 on the post of that his father Late Ajendra Kumar Agarwal, |the Govt. Primary Schoot, Shanker Nagar, |. The petitioner's father was the sole bread |it of sudden death of petitioner's father there titioner's family, therefore, the petitioner had (ssionate ground. The petitioner's application ap|?ointed as contract teacher vide order dated lijer case of the petitioner is that he ought to |basis as per notification No.F-7-4/2002/1-5 fay the Ministry of General Administration rgued that as per sub-clause (3) of Clause 6 iionate appointment the petitioner ought to |ar employee and he could not have been tc basis or on the contract basis. Sub-clause envisages that the prescribed 5% posts shall be fllled in by regular appointment and against that 5% posts the appointment ^d-hoc or contract basis. md sub-clause (3) of Clause 6. XI-HC-22 ^Sf "qiqi^i), ®Tf)(f'16,Rtcflti^i 3TT^T<T^7 t11*1MI sh*<|t»i""""""""•""""""" ^ 200 3ii^?rq:T R-i 3n^r aimqigf^T '*i']iFci'41-f iitii-iTfffe^ <Ri«i< ^sri^Tsn^r Perusal of the petition it available and against that posts th< the circumstances, iearned counj petitioner may be allowed to make | a!l his grievances and also in the iyt learned counsel for the respond?nt^ Having heard learned cot/n^ facts and circumstances of the representation within a period of raising all his grievances and ij representation of the petitioner in| points raised by the petitioner an^l 2002/1-5 dated 10th June, 2003 issl Department, Govt. of C.G., Raipur] of receipt ofthe representation. With the direction aforesaid,) Certified copy as per rules. i^ not clear that whether 5% posts were petitioner has been given appointment. In |sel for the petitioner submitted that the |a representation to respondent No.1 raising |ht ofsaid scheme dated 10.6.2003, to which has no objection. ^el for th®parties and having regard to the fase, the petitioner is allowed to make a |wo weeks from today to respondent No.1 tum respondent No.1 shall decide the accordance with law after considering the also in the light of Scheme No. F-7-4 / led by the Ministry of General Administration within a period of two months from the date the petition stands disposed of. Sd/- L.C. Bhadoo Judge