c^ THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) W.P. N0. 3 S & <^ / 200i PBTITI03?IBR : Akhilesh Singh Kushwaha aged 33 years S/o, late Radhelal Kushwaha, R/o. Village and post Chalgali, District, SURGUJA VERSUS SESPONDENTS :1 The State of Chhattisgarh through Secretary, General Administrative Department, Mantralaya, D.K.S. Bhawan, -^;^^Raipur- .••"'".^^ ^.y^ ^ s^&^^ <^%^,><* 2. Commissioner, ^S?^.^ Scheduled Castes and Scheduled Tribes and other Backward Classes Welfare Departraent, Raipur 3. Collector District Sarguja ^ rOF WRIT PETITION UNDER ARTICLE8 226/227 OF THE CONSTITUTION OF INDIA I;' XI-HC—78 ^ITHdT ^NT^ ^sf '^pn^pT, ^tfrOTs, i^rrey 3^.......L^.^...S.$0.^..l&..... 3T?^T 'l?^%> ('li^t3^F) 3??^['^Tt^te> j 'WT ^TT^T^^N' IWIW^^^IT "Wi^lf "^ fe^ ^t^$R ^ ztf^f a^ 6-2-2004 Shri Kishore Bhaduri with Sh| 'i Sanjay Ku. Agrawal, coun^el for the petitioner. Shrj Pravin Da^, Panel Lawyer ^or th©State/respondcnts. Hecrrd both th& couns&l. By this petition filsd undsr A|<ticles 226/227 of ths Constitution of India, the petitioner seeks dir@ctioi| to the respondent to oppoint him on compQ55ion<3(t@ ground in vi@w of Anr|sxur8@-P/5 and to quash the Annexure- p/l. Jhe. petitioner's cose is that h a^ PrindpQl, fiovernment Hi9h Schooi 19-3-2000. After his death, jis fath&r namefy, ftadheJQl WQS working , yilla9@ Chalgali. H@ died in harne^^ on ^h< Gpplication for appointment on compas^ionate 9r*ouncl was movect by |-he petitioner to th@ said schooi and on such appJication his case for app^ Principal on 8-10-2002. Copy of the ^ CQS€ WQS considered after due veri-i ntment was forwarded by the then iame is Annexure-P/2. The petitioner's 'icQtion and reports from the Medical Board and PoJice. Copies of the repoftsare ^nmnexure-P/3 and P/4. After- due recomniendatj'on (Ann@xure-P/5| the petitioner WQS permitted to be appointed on compassionate ground c^ A.^.-III. AccordingSy, the petitioner ^tarted serving jn the ^aid post. |:n due course of time, the office of re^pondent No.2 had i^sued directiv^ to the subordinate r>€g<2rcSin9 these conipQSSionate Qppointments directin^ them to fill up those posts as fast GS practicabk on priority, QS p@r Annex^reaP/6. '""'^ --^ XI-HC.22- •sp^i^r ^j?T^i§^r '^Ns^slia Barve y^ -te' M^n^'^ ^^ ^^W% ^t?FI^, l^fRiy ^^ ^m^K w^w'ww""www"^^ 2m fa^<^' ^Ii^T'^??^^fl^T •z- Th@ petitjoner WQS not 9iv@ III and ^orne more person^ who wer' ^Nfa<3<i ^i^'^fe^ <i^i^< ^ <H?a^ ^s<^i ^ <any joinm9 anci the petitioner mode different representations to the C|?llector and has been regularly stating that there had been regular Qppoinfm^nt on comptsssionate ground in A.6.- ^ on the ^ame footin9 were appointed on those posts, as per Annexur@s-P/7 c^nd P/8. Despite the representotions the petitioner^ eose has not b@@n cGn|ider@d and refused on the 9round GS enumerated in Annexure-P/1. Stil! |here ar@ clear vacant posts of A.6-111 which are iying vocant and the petiti^ner is not being considered. Learned counsel for th@ peti b@ ailo^ed to make a represental ieorned coun^el for respondents ho^ Having heard the learned couj the facts and circumstances of the d^tailed repre^entotion raising ait hi period 10 days from today ond in repre^entation of the petitioner aj shall pass reasoned order in an ob| from the ctate of receipt of the reps| The writ petitjon is disposed Parties are entitled for certil tioner ^ubmit^ that the petltioner may ion to respondent No.2 to which the no objection. isei for the parties and having r©9ardto :ase, the petitioner is ailowed to make a s grievance^ to re^pondent No.2 within a •urn respondent No.2 wi!l consider the id after considering ail his 9rievanc@^ [ective manner within a period 60 days esentation. »faccordin9ly. ied copy of this order. Sd/- L.C. Bhadoo Judge {^^^