n HtGH COURT OF CHHATTISGARH AT BILASPUR Coram: Hon'bte Shri Ohirendra Mi$hra & Hon'ble Shri R.N. Chandrakar. JJ WrJtADDeatNo.80of2011 1» APPELLANT PETITIONER Vs. RESPONDENTS 1. 2. 3. ^ 4. 5. 6. 7. APPELLANT PETITIONER Vs. RESPONDENTS 1. 2. 3. Amitabh Singh, S/o late Shri R.R. Binjhwar, aged about 32 years, R/o Village Tilaibhatha, Post Chicholi, Tahsil Kartala, District Korba (CG) State of Chhattisgarh, through: Secretary, Schoo! Education Department, Mantralaya, DKS Bhawan, Raipur District Raipur (CG) State of Chhattisgarh, Through: Secretary, General Administration Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & Social Services Department, Mantriaya, DKS Bhawan Raipur, District Raipur Collector (Tribal Development, Korba, District Korba (CG) The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) Djstrict Education Qfficer, Korba, District Korba Chief Executive Officer, Janpad Panchayat Kartaia, District Korba (CG) Writ Appeal No.96 of 201 1 f Dhirendra Singh Kanwar, S/o late Shri Bahoran Singh Kanwar, aged about 31 years, R/o Village and Post'i Bhaisma, Block Kartala, District Korba (CG) State , of Chhatti^garh, through: Secretary, School) Education Department, Mantralaya. DKS pihawan, Raipur District Raipur (CG) .,':• State of Chhattjsgarh, Through: Secretary, General Administration Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & So^ial Services Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) , -K. fc^ J fc^ .^ .rf<'^-.' ,: ^^^•--A^ v "^y. 4. Collector (Tribal Development, Korba, District Korba (CG) 5. The Commissioner, Tribal Developmerit State of Chhattisgarh Raipur, District Raipur (CG) 6. District Education Officer, Korba, District Korba (CG) 7. Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) WritADDealNo.97of2011 APPELLANT PETITIONER Vs. RESPONDENTS 1. 2. 4. 5. 9. 7. if\ Rajendra Kumar Singh, S/o late Shri Mohit Singh Paikra, aged about 30 years, R/o Village Bandhwabhata, Post Sarabundiya, Block Kartaia, District Korba (CG) State of Chhattisgarh, through: Secretary, Schoot Education Department. Mantraiaya, DKS Bhawan, Raipur District Raipur (CG) State of Chhattisgarh, Through: Secretary, Genera! Administration Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & Sodal Services Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) Collector (Tribal Development; Korba, District Korba (CG) The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) ' District Education Officer, Korba, District Korba (CG) Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) WntADpeal No.98 of 2011 APPELLANT PETITiONER Vs. RESPONDENTS 1. Tika Ram, S/o late Shri Ramdhan Binjhwar, aged about 32 years, R/o ViSlage Tilaibhatha, Post Chicholi, Tahsil Kartala, District Korba (CG) State of Chhattisgarh, Through: Secretary, Schooi Education Department, Mantralaya, .r' ^ ^.;^^J' ^^^-^' <>-6» DKS Bhawan, Raipur District Raipur (CG) 2. State of Chhattisgarh, Through: Secretary, General Administration Department, Mantrlaya, D'KS Bhawan Raipur, District Raipur (CG) 3. State of Chhattisgarh, Through: The Secretary, Panchayat & Social Services Department, Mantrlaya, DKS BhaWan Raipur, District Raipur 4. Collector (Tribal Development, Korba, District Korba (CG) ' 5. The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) 6. District Education Officer, Korba, District Korba 7. Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) Writ Appeal No.99 of 2011 IN8 APPELLANT PETmONER Vs. RESPONDENTS 1. 2. 4. 5. 6. 7. Dinesh Kumar Sahu, S/o late Shri Sahdeo Prasad Sahu, aged ^bout 26 years, R/o Village Hirri, Post Sasha, Tahsil Pamgarh, District Janjgir Champa (CG) State of Chhattisg^rh, Through: Secretary, Schoot Education Department, Mantralaya, DKS Bhawan, Raipur District Raipur(CG) State of ChhaRisgarh, Through: Secretary, General Administration Department, Mantriaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & SoGial Services Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) „ Cotlector (Tribal Development, Korba, Distnct Korba(CG) ; The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) District Education Offteer, Korba, District Korba (CG) Chief Executive Qfficer, Janpad Panchayet Kartaia, District Korba (CG) -^ :.i APPELLANT PETITJONER Vs. RESPONDENTS 1. 4. 5. 6. 7. APPELLANT PETITIONER vs. RESPONDENTS 1: ^ 2. 3. 4. WritADDeaJNo.101 of 2011 Dhruv Kumar Rathod, S/o late Shri T.R. Rathod, aged about 35 years, Shiksha Karmj Grade-III, Middle School, Dongadarha, Block Korba, District Korba (CG) State of Chhattisgarh, Through: Secretary, School Education Department, Mantralaya, DKS Bhawan, Rajpur District Raipur (CG) State of Chhattisgarh, Through: Secretary, General Administratjon Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Sebretary, Panchayat & Social Services Department, Mantrlaya, DKS Bhawan Raipur, District Raipur Collector (Tribal Development, Korba, Djstrict Korba (CG) The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) District Education Officer, Korba, District Korba Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) AND \ Writ Appeal No.102 of 201 1 Harpal Singh Kanwar, S/o late Shri Samrath S'ngh Kanwar, aged about 36 years, R/o Viiiage Masan, Post Tilkeja, Tahsil Kartala, Distrlct Korba (CG) State of Chhattisgarh, through: Secretary, School Education Department, Mantralaya, DKS Bhawan, Raipur District Raipur (CG) State of Chhattisgarh, Through: Secretary, General Administration Department. Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & Social Services Department, Mantrlaya, QKS Bhawan Raipur, District Raipur Collector (Tribal Development, Korba, District Korba (CG) iri ^ ^ 5. The Commissioner, Tt^bal Development State of Chhattisgarh Raipur, District Raipur (CG) 6. District Education Offjcer, Korba, District Korba (CG) f 7. Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) Present: Shri P.K. Patel, counsel for the appellants. Shri Sumesh Bajaj, Govt. Advocate for the State. 3. 4. ORAL JUDGMENT (28.3.2011) This batch of writ appeals is being disposed of by this common judgment as the same is directed against the order dated 15-12-2010 passed by the learned Single JudQe whereby the writ petitions filed by the appellants herein have been dismissed by a common order. Indisputably, the appellants herein were granted compassionate appointment of Shiksha Karmi Grade-111 on account of death of their family members while therfe-were in servjce on whom the appellants herein were dependent before their death as per policy of the State Government. The appellants herein filed the Wfit petitions on the ground that as per circular of Annexure-P/4, compassi^nate appointment is to be made against regular posts whereas as per-Annexure-P/5, Shiksha Karmi js not a Government employee. In these cjrcumstances, learned Single Judge ought to have directed the respondents to consider the cases of compassionate appointment of the appellants herein on some regular posts and not as a Shiksha Karmi Grade-111. ). Heard learned counsd for the appellants. Learned Single Judge, relying upon various decisions of the Supreme Court and decision of this Court in the matter of Rekharam Nidhi and others Vs. State of Chhattisgarh and others ^W.P. No.3175/2004}, held that the petitioners/appellants herein cann(?t claim as a matter of right a direction to be posted on a parttoular post.^ IndisputabJy, the petitjoners/ appellants herein accepted the compassionate appointment wrthout any demur on the post of Shiksha Karmi Grade-111 and the writ petitions have been flled after expiry of sufficient period. 5 ,LI 5: Thus, considering the above facts and the grounds mentioned jn the impugned order for dismissing the writ petitions, we are of the opinion that the appellants do not have any good ground to challenge the impugned order. 6. In the result, the writ appeals are devoid of merit, the same deserve to be and are hereby dismissed. _— Barve Sd/- Dhirendra Mishar Judge Sd/- R.N.Chandrakar Judge '^ /