r^- ^'V!^(- IN THE HIGH COURT OF JUDICXTURE XT BII«A3PURtCHHATTISGAKH) «RIT PETITION N0. ^'3S5oF 2003 PETITIONER Smto Nlrmala Bal Yadav,wlfe of late Chhabiram Yadav,aged about 30 years,resident of Village-Pali Post Office-Guru,Via Chakarbhatha. District-Bilaspur,(C,G.) V E R S U S RESPONDENTS .-<^ 1« State of Chhattisgarh»through Secretary» Department of Irrigation, Mantralay>D.K.s«Build.Lng, Raipur,Distrlct-Raipur,(c.G.) ^^ .y ^l ^........ JM)°":D!'tri:'J: KRIT PETFTION UNDER ARTICXiES 226/227 OF THE : 2. The Chief Engineer» Hasdeo Bango Project. Bilaspur,(C,G.) 3« The Executive Engineer, Hasdeo Canal Water Maiagement Division. 0'anjgir»District-Janjgir-Champa»(C.G.) CONSTITUTION OF INDIA. '"'~l XI-HC-22 sn^i^r 1?;rH73iiiR( ^ti -Mfia 'ysi -^W\v\'ii, aTil'y'is, isiwi'Mli< iiweii tt>*ii«h ^Qj...?^.,a3.S3l?00^ 311^1 •S^IIW:'(fe 28/08/2003: - Heard Shri Sanjay S. Agra Shri Ranbir Singh, 6ovt. Advocat advance copy. By this writ petition ur) Constitution of India the petition4 mandamus directing the respoi|)dents appointment to him. The case of the petitioner is iateChhabiram Yadav. Chhabiranii 6r-ade-III in the office of rest emp'oyment he died on 18/08/199 Yadov the petitioner had made appointment before respondent Respondent No.3 yide order accepted the ciaim of the petitii the higher authorities for giying petitioner hoidin9 that there -is no post is falling yacant the claimof Since then almost ten months has avaiiabie in the department and as +1<<[<YI<<1'< 'WR^ff'? fs^S <fat$l< ^grfigHsn^i (ual counsel for the petitioner and s, for the State/respondents, on der Art-icles 226/227 of for issuance of a writ of to grant compassionate that the petitioner is the widow of Yadav was working as Assistant no.3. During the course of his 6. After the death of Chhabiram an appiication for compassiorsate No.3 / Executive Enginee.". 02709/200Z (Annexure-P/l' dait-ed orler and made a recommendation to 4ompassionate appointnient to the 1-egular post of Class-IV apd if any the petitioner wiii be considered. elapsed though the vacancies are per the policy of the Sovernment A ^1 XI-HC-22 a:n^r'^l R-ii* sn^r ?hHi<^^f^if ^S( ^Wfc\ii, »Ti1+ri6, isldKHy ><TIW(iT WlW. 3II^¥I^<tTW(tf?3 s- the vacant post of SC/ST and OBq Sovernment, but the respondenl |are being filled up directly bythe [s are not giying compassionate appointment to the petitioner delib^ratsly. St o I have heard learned counse Learned counsel appearing of the order (Annexure-P/1) csndidote respondent No.3 loner. (Annexure-P/1) mentioning the compassionate appointment has observed that at the relevant tj|ne no post of Class-IV was lying '/acant and as and when there willl tt on that post, the p <t>i<<[ci's?i-i *<iti<"ii''^fe;> <r°i<<;i< ^? •3lf:OT 311^1 appearing for the parties. 'or the petitioner submits and moreover the petitioner is not giving cppointment t< in is an the Haying heard the learned c]ounsel for the parties and having re9ard to the facts and circums^ances of the case and the order name of the petitioner for [seen accepted and it has been iiifill be to make a 2 within ten days rqising her cll .titioner- is aii r-epresentatlon to respondent No^i irievances. On receiving the fepresentation of the petitioner ^ Respondent no.2 the Chief Engine^r, Hasdeo Bango Project,-Bilaspur shail consider the same within a p^riod of 45 days from the date of receipt of receipt of the represenfation and if any yacancy is existing / ^ B' XI-HC-22 '3^ 'fWM^, •s-Aww, hwwy, 3II^?[^I fS:fl?T3IISRI ^HI^ ^l ^>f^^ 3I]^?[ •S^giWHl?!! -'S~ coi|np pass an appropriate order in Issued by respondent no.3 for giyinc Ostitjoner-. With the above observation, Parties are entitled for cert N\- y\' .....4° ^?'1^'; ;^fci' qilltcl'iill WHvS ^ fS^ <Fn^K ^? 3iP<m sii^i iliance of Annexure- compassionate appointment to the the petition is disposed of, Sd/- '-•C.BHADOO Judge !*>;l|!"l::i:il!:]ilr"l