IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR PETITIONER : KISHOREKUMARCHANDRA S/GA LATE HS‘ CHANDRA Age - 29 yrs. RESPONDENTS Address : Santoshi Nagar, Raipur Raipur (Chhattisgarh). VERSUS 1) State ofChhattisgarh Through its Secretary, Department of Cooperative, Marketing’Federation Civil Line, Raipur [C.G. ] (2) State ofMadhya Pradesh Through its Secretary MP. Cooperative Markting Federation Department of Cooperation & Civil Administration, Jahangirabad, Bhopal [M.P.] W) Managing Director Marketing Federation Department of M.P‘ State Cooperative Limited, Jahangirabad, Bhopal [M.P.] Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Raipur [CG] General Manager (G.M.) Establishment; MP. State Cooperative Marketing Federation Jahangirabad, Bhopal { MP. ] WGeneral Manager (G.M.) Establishment, C.G.. State Cooperative Marketing Federation Civil Line, Raip’ur [C.G. ] Registrar Cooperative Societies, Near IndiraGandhiKrishrvv, z Raipur [ co] ‘ (Camaz) -2- M WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA ... . \Y \~$ ORDER (Dated 2o“ December, zoom ,L:.t M HIGH COURT OF CHHATTISGARH : BILASPUR > WRIT PETmON NO. 2616 OF 2003 Kishore Kumar Chandra Vs. State of Chhattisgarh and Others Shri Jitendra Nath Nande, counsei for the petitioner. Shri A.S~ Kachhawaha, Dy. Govt. Advocate, for the State of Chhaii'iégarh. Shy: Ghanshyam Patei, counsel for respondents No.3 & 5. Dr. N.K. Shukla, Sr. Advocate with Shri Dmp Dubey, counsel for ,respondenia No. 4 8. 5. % R D E R (Dated 20 December 2006) Per Hon. Shri Fakhruddin. J: Heard. 2. By this petition under Article 226/227 of the Constitution of india the prayer sought for is the compassionate appointment consequent upon the death of father of the petitioner who died on 14-12-2000. 3. it is submitted that the petitioner‘s father was sewing as Accounts Offioer in M.P.IC.G. State Co—operative Marketing Federation. District Oiiice: Dhamtari. It is further submitted that on formation of new State of Chhattisgarh options regarding aliocation of services were asked from the employees wherein the petitioner's father opted for State of Madhya' Pradesh and sent his option in the prescribed format, but tiil the time of his death he did not receive any aiiocation order. lt is also submitted that the petitioner is a well educated and quaiitied person ’who has obtained degree in Master of Commerce in the year 1997 from Pt. Ravi Shanirar Shukla University, .\ @ur and has aiso taken training in Accountancy from the \ \. \__ Chhattisgarh Chamber of Comerce, Raipur. Learned“ consei 76 m u submits tha the petitioner applied for grant of appointment an t compassionate ground vide nexure-PM. Thereaft vide memo An er d 1 ) r date 27-7-200 (Annexure‘PIS, the petitione was asked by the General Manage of MP. State Co-operativ Market Feratn: r e ing deio Bhopai regarding the willingness o the petitione to sv in the M. f r ere LP State Co-operative Marketing Federation, Bhopa. l Vida Ae- nnexurP/6 the petitioner submitte his onset t erve in the State o Madhy d cn o s f a Pradesh. Learne counsel submits that thereafte id letter date d r ve d -9 ecy o- keg 24-2001 the Sretar of MP; State Coperative Martin Federation informed the petitioner tha h father coul no join in the t is d t State of Mhy Pradesh as per te llocatio order: becaus he ed o 14-1 -2000 hile he wa in the service o Chhattisgar Marketing Federation: therefore: h services will be considere in the is d Chhattisgarh Marketin Federation. fter receip o the sai g A t f d communication, the petitioner moved an applicatio by mentionin al n g l the aforesaid facts before the Secretary of hhattisrh Martin Cga keg Federan, Raipur o 4--2001 (Annexure-P/s and requestin for grant of appointment on ompassionate gun. l is submitte c rod t d that the Deputy Registra wrot a ietter date -200 (Annexure r e d 101-2 - P19) to the Secretary, Chhattisr State Marketing Federation gah regarding th provisions of compassionat appointment o th e e f e etitioner. ln the said letter. th Deputy Registrr ctatie thathe p e a rid t Bo ct mt e gra of met ard of Direor is copeten to tak steps for nt appointn on ompassionat ground to th petitoner. It i als ubmitte ha ce e i s o sd tt t he r hereatter t petitioner as weti as his mothe repeatediy made x requests before the authoritie vide AnnexurP/1, 10. 10 106 \ s e—0 A 3 & for grant of compassionate appointment as they were facing financial ada h an e di n 2 w s f h tio n 10 ) g him hardship after th death o he fathe af h petitione ut n action ‘ e f t r te r b o has been taken b he authoritie. . The Chhattisgar Cooperativ‘Matketin Fderatto raise an obection abou th maintainahimy of t petitn an state that the petitioner’s father ha submitted a ption f allocatio o his services to the Madhy adsh Cooperativ Marting Federatian Limite which wa aiiowe and the services o the etitioner‘ fatr ere allocated to the Madhy Pradesh Cooerative Marketing Federation vide order date 13/12/200 an herefre'he shal e deemed t be an emploee o Mhya Pradesh operative Marketing Federation, as suc, i is for th Madha Prads oeraive Marketin Federation to giv an appoitmen o compassionate ound as per ules an no Chhattisar ooperativ Mg tn 5. The dhy Pradesh Cooperativ Marketing Federation ni‘ its reply and state that since petitioner fathe was serving as Accounts Otte in th Stat of hhattisgar nd poste a Dhamta r Mag n sh ya h hs d r ga iv Fedeion t s t n Go f i un M h e ing Fn 4 h eg en d j t e he io d d d n o or n f a Pre e ke d s d f ps he w a p d 0 d to l b o y f ad Co h t e y eh Copt g e nt n gr r d t gh Ce arketin Federaio. Maa e ed d ’s r icr e e Ch a d t ri unde the Chhattisgarh Cooperative rketin Federatio: as uc the Government of Madh Prades a directe the petitione to approach the Chhattisrh Cooperate Marketing rat. i i submitted tha the decisio of the vernment o Madhya Pradesh s binding po the adhya Prades Cooperativ Market ederatio and so the petitioner who had earlier moved an application before the Chhattisgarh Cooperative Marketing Federation has been directed to approach the said authority. it is further submitted that as per the Employees Service Rules (Annex.RI3(1) approved by the Registrar: Co-operative Societies, which are applicable and govemed the "-_\service conditions of the employees of the Madhya Pradesh y t s \ \ Cooperative Marketing Federation, compassionate appointment can be provided only on vacant regular posts and it cannot be made on vacant posts reserved for other categories. it is also suhmitted that the petitioner beiongs to Generai category and as perhis educational qualifieatior: he qualmes for the post of Field Assistant and presently there is no want post of Field Assistant available with the Madhya Pradesh Cooperative Marketing Federation for General category. 6. On perusal of the record. it is borne out that the petitioner's father; namely: late Shri H.S. Chandra was an employee of State Coooerative Marketing Federation. He was posted as Accounts Officer at Dhamtari. 0n reorganization and formation of the State: he opted for State of Madhya Pradesh. The allocation order was passed on 13/1 2/2000 and he was directed to join on or before 2011 2/2000. Before receiving the said allocation order, the petitioner‘s father died on 14/12/2000. The stand taken by the Madhya Pradesh State Marketing Cooperative Federation is that the petitioner's father was not relieved and he died prior to his relieving, therefore: the case of the petitioner relating to compassionate appointment is to be considered by Chhattisgarh State Marketing Cooperative Federation. This communication was sent to the petitioner vide letter dated 14/2/2003 (Annexure-P/12) by the Government of Madhya Pradesh. The Madhya Pradesh State Marketing Cooperative Federation has come out with the return that they tried to adjust the petitioner but the post is not available whereas Chhattisgarh State Marketing Federation has not at all considered the matter and on the other hand raised a preliminary obiection that the father of the petitioner was not an empioyee of the Chhattisgarh State Marketing Cooperative Federation and will be deemed to be an empioyee of Madhya Pradesh State Marketing Cooperative Federation. lt is pertinent to \ \ \_. \ \ note here that the petitioner’s father had not received the order nor he was relieved. Even otherwise, a" the dues have been paid by the Chhattisgarh State Marketing Cooperative Federation to the family members of the deceased empioyee. The eligibitity of the petitioner for getting compassionate appointment is also not disputed by both the Federations. The net result is that the petitioner has not been able to get any employment either from Madhya Pradesh or Chhattisgarh. It is also pertinent to mention here that Chhattisgarh 'State Marketing Cooperative Federation referred the matter to the Joint Registrar, Cooperative Societies and the Joint Registrar as per the communication dated 10/1 12002 (Annexure-P/Q) has taken a view that under the Rules the Board of Directors is competent to prooeed in the matter. The State of M.P. as per Annexure-P/12 dated 14/2/2003 has also taken a view that although the services of late Shri H.S. Chandra had been allocated from Chhattisgarh to Madhya Pradesh, but he died prior to his relieving, therefore: the case of the petitioner relating to compassionate appointment is to be considered by the Chhattisgarh State Marketing Cooperative Federation. Under the facts and circumstances appearing from the record; in the opinion of this Court: the objection raised by the Chhattisgarh Cooperative Marketing Federation that the Chhattisgarh Cooperative Marketing Federation is not liable for grant of compassionate appointment to the petitioner has no force As such it is rejected. 7. it is appropriate to state that the appointment on compassionate ground is not a source of recruitment but merely an exception to the requirement regarding appointments being made on open invitation of application on merits. Basic intention is that on the death of employee concerned his family is not deprived of the means of livelihood. The object is to enable the family to get over sudden \ financial crisis. The claims are to be considered as reasonable and permissible on the basis of sudden crisis occurring in the family 0f such employee who has served the State and dies while in service. 8. Having considered the facts and circumstances of the case: material on record and in View of the factrthat the petitioner’s father died while he was serving in the Chhattisgarh State Cooperative Marketing Federation: though his services had been allocated from State of Chhattisgarh to State of Madhya Pradesh but the allocation order was not communicated nor it was given effect to and the order itseif stipulated the joining period up to 20-12-2000, till he is duly relieved he continued to be on the rolls of the State of Chhattisgarh tiii his death and further the fact that the payment of dues has also been made to the family members of the deceased employee by the Chhattisgarh State Cooperative Marketing Federation and also the fact that the Secretary of MP. State Cooperative Marketing Federation informed the petitioner that his father could not join in‘the State of Madhya Pradesh as per the allocation order and died on 14-1 2-2000 while he was in service of Chhattisgarh sate Cooperative Marketing Federation, his case wiil be considered by the Chhattisgarh Marketing Federation: therefore: the petitioner is entitled for appointment on compassionate ground and the respondent Chhattisgarh State Cooperative Marketing Federation is directed to consider and pass appropriate orders as early as possible preferably within a period of thirty days from the date of receipt/production of copy of this order. 9. With the aforesaid observations and directions: the petition is 80 1 3udQe GowrilH- / allowed with costs. Counsel fee Rs.2.000/-. if pertitied. .g r, sdl- Fasmu‘mm