'^ ^ c ^A^ IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR WRtT PETITION N0. ^^13 /2004 PETITIONERS RESPONDENTS Smt. Kunti Tiwari aged 48 years widow of Late Dhanesh Tiwari resident of Juna Bilaspur, Pacharighat Tahsil & District Bilaspur (CG) VERSUS 1. State of Chhattisgarh through Principal Secretary Pubtic Health Engineering Department DK Bhawan, Raipur (CG) ^" .^%^3- / ^ A' N? ^; ^'^' <-^^.. Chief Engineer, Public Health Engineering Deptt. Raipur (CG) Superintending Engineer, Public Health Engineering Department Regional Workshop Raipur (CG) 4. Executive Engineer, Public Heatth Mechanical Branch Bilaspur (CG) 5. Assistant Engineer, Public Health Mechanical Branch Bilaspur (CG) BI®S81 WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDA FOR ISSUANCE OF WRiT OF MANDAMUS, CERTIORARY, PROHIB1TION AND OR ANY OTHER WRIT/ORDER/DIRECTION ON THE SAME NATURE IN THE CIRCUMSTANCES OF THE CASE. ..J*-' XJ-HC-22 ^TO'f=f)T' f^--n^" ^Ti^i ^^Nr'^Tf ^ ^ -^^ •^TRT^R. ^MPT^, "f^T^y 3TT^T T?^7 ;y'l'^:y73 /°7 '^ 2(X) ^JN^Ii WW^ f^T^T t>f 3TT^T'^Tf^R ^f^T ^Rr^pi TiTT^rf T? f^x^ -n^Tzrr ^ ^TR^? 34'T^T 21-12-2005 Petitioner by Shri ^flr^^ 1)^ Shri Vivek Sharma, Panel LawyerJ Heard. I- V^^P1^/ Advocate. [ for the State. This_case_relates to compassionqte appointment consequent upon the death of an empfoyee sen/ing in the State. Learned counset for the petitioneij the employee has occurred on or after 1 -j categorically stated that in this case, the death of 11-1997 and not eariier. !t is furt.her submitted that passed by this Court on 20/12/2005. He- also. in. batch of cases bearing W.P. No. 1322/^002 invotving the same question orders have been brays that simitar orders may be passed in this case Learned counset for the State doe^ not dispute the above fact and state that the State of Chhattisgarh has taken a decisionjto consider the cases of dependants of those employees who died on or after 1/11/19^7 strictly in accordance with the policy prevalent at that time. in view of the submissions macjle by leamed counsel appearing for the parties, without expressing any opinion on the m^rits of the case, in the opinion of this Court, ends of justice witt be ser^/ed if a direction is givi n to the State of Chhattisgarh and the authorities concerned to consider and decide the cpse of the petitioner in accordance with the policy prevalent at the time of death of the emjployee concerned. If the petitioner found eligible, appointment orders will be issued as eajrly as possibte on or before 30th April, 2006. The petitioner is atso directed to render due c |)-operation to the authorities. It is made clear that if any gnevance stilt remains, the petitiorjer may avail the remedy available under the law including filing ofthe petition-before this (^ourt. With the aforesaid observations. this petition stands disposed of. Certified copy as per rutes. Copy to the State counsel, whc^ respondents for compliance. will be obliged to communicate the order to the Sd/- Fakhruddin Judge