y s ^ IN THE HIGH COURT OF JUDICATURE AT BILASPURfC.< W.P.NO. (42X^ OF 2005 ^?f'll£;:l.^ SFP^P (WRIT PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA) .^ BETWEEN ^Basant Yadav s/o Late Tulsiram Yadav, aged about 34 years, , r/o Ramayan Chowk, Chateediah, Bilaspur/ Tehsil & District: ^ilaspur(C.G.) ^ff \^y ybf/ AND PETITIONER /J? ^y/ ^'f ^, /^. The Registrar, 1. The State of Chhattisgarh, Through the secretary Department of Co-operative societies, Chhattisgarh, D.K.s.Building, Raipur(C.G.) ^? / ^ -^ Co-opeirative Societies Chhattisgarh, a £y i; /ty -^ Near Old R-T-0 office, Near Railway crossing, Ring road no.l, /^^ Tehsil & District: Raipur(C.G-) ^^1 <e 3-chairman/ P-/^*-' -cT Zila Sahakari Kendriya Bank MaryaditBilaspur, Near Nehru Chowk, Bilaspur, Tehsil & District: Bilaspur(C.G.) ^' S-- Wi' ^" j. 4. Chief Executive Officer (General Manager) Zila Sahakari Kendriya Bank Maryadit Bilaspur, Near Nehru Chowk, Bilaspur, Tehsil & District: Bilaspur(C.G.) 5. Shri C.P.Yadu. Chief Executive Officer (General Manager) Zila Sahakari Kendriya Bank Maryadit Bilaspur, Near Nehru Chowk, Bilaspur, Tehsil & District: Bilaspur(C.G.) RESPONDENTS f WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA A1:'?^!^ XI-HC-22 sn^r^ . [^Tii<^ sTii^? ^RfNr^rft^ ^^ ^^ ^TRmq, ^^^S^ "^TTffy IL'-P /<0©. 1 ^:20/°?t)o-^~ WWIT %^ra?""""""""""""""""""'^ ^IT^T '^TT^R ^fi^ 22/4/2006 Shri Shailendra SonJ, counsel Shri G.K. Beriwal, Dy. Advoca^e General, for the Stete. Shri Sanjay Patel, counsel for •^Fif^fh' ^TH^ff ^ 'ft^" I^T^K" ^T 3TT^T 'or the petitioner. espondents no.3 to 5. Heard on I.A. No.196/2006 forjout ofturn hearing. The application is allowed. Heard. The matter relates to compassjionafe appointment Counsel for the petitioner s^ibmits that the petitioner's father, who w&s serving with respondent no.4, died qn 2/2/2004 while in service. Counsel further submits that the petitiQner.applied| for compassionate appointment in March, 2004 but no action was taken by the respondents. Counsel also submits that thereafter the petitioner fileda writpetition bearing No.3459/2004 which was disposed of by this Court vide or<|er dated 17/1/2005 with a direction to the respondents to dispose of the appli^ation of the petitioner in accordance with law within a period offour months from tljie date offilingofthecopyofthe order. It is contended by the couns^l for the petitjoner that under the Scheme the petitioner is entitled for compassio4ate appointment. It is ftjrther contendedthat the similarly situated persons have beengiven compassionate appointment. Respondents no.3 to 5 have filed the retum. Counsel for respondents no.3 to 5 produced a copy oftfie resptution dated 30/7/2005 pass^d inthe meeting he)don 14/7/2005. Copyofresolution beftled. jt is contended by the coun^el for respondents no.3 to 5 that they have resolved and respondent no.4 has 4®ntthe matterof compassionate appointment to the petitioner with recommendat|on before the respondent no.2/Registrar, Co- [^^f^ r" XI-HC-22 ~^s '^TFTi^ra. '^^"?T?. 1^n<Ty; '^P-^o. ^^°/^DQ^~ 'w^^ww^'"""""""""""" ^^r^ f^T^ST^T ^Rw^fi^ W^¥T'^<TI^R"^f^r Nl<^' -Zr operatjve Societies, which is pending ^??feT4^T ^n'R^Tf ^t ft^ Tf^^K ^T^^?^^ consideration before him since last many months. tt is further contended that r^ninders hav^ajso been sent but the fite js lying with the respondent no.2/Re^strar, Co-operath/e Societies. It is also pointed out that compassionate appoiritment is to be given by the Bank and what is requjred by the Registrar is only |;o gjve permissjon/ sanction and nothing more. Neither permission/sanction is ^ven nor any reason has been assigned for but the respondent no.2/Registrar, Co- ^ird to show any reason for such pendency sl'ative Socieites and matter is lying in the not doing so. Notices were issued operative Societies has not come forwi in the ofRce of the Registrar, Co-ope offjce of the Registrar. It will defeat tNe very purpose for which the appointment on compassionate ground is given as |ts object is to mitigate the hardship due to death of the bread-eamer in the farr|jly. Such appointments haye to be made immediately to redeem the family in jdistress. In the present case, despite the resolution was passed by the Bank, V^e apathy shown by the Regjstrar//^lditjonal Registrar, Co-operative Societies whojsoever is dealing with the matter is wholjy unjustified and administrative measur^s are required to be taken by the State in this regard. It is also noted that not only the petitioner but there are 15 more cases which are pending. AH the c^ises have to be considered and decided immediately. | The Hon. Supreme Court in th^ case of Smt SushfTfa Gcssain and c^iers vs. Union of India and others rQootte^ m (1989) 4 SCC ^65 observed ttiat in all claims of appointment on compassionjate grounds, there should not be any delay in appointment. The purpose of provi<|jng .appointment on compassionate ground is to mitigate the hardship due to de^th of the bread-earner in the famity. Such [^^f^ r: XI-HC-22 ^^'^FTi^PT, 'S^HTT?. 'fa^il^y /<^ 10 P^^p. l^^&/^oo^~ '^re^T%w^""<"'";"s<"<o<*'<"""^'*"^**<^' 2w ^ J-'- 3T^T^T f^ri^^n^? ^'m^^^? Hf/- 31T^T ^^TW '^t?!.. -<7??ferat^ TTm^f ^ It^ ^RSH '^-^p^? ^r^ jappointments should, therefore, be pro^ided immediatelyto redeem the family in idistress. The above view was reiterated t^ the Hon. Supreme Court in the cases of 1 Phool WatifSmt) v& Union oflndia ahd Others reoorted in 1991 SUDD (2) SCC 476. Having considered the facts and 689 and Unionof India and others vs. Bhaawan Sinah reoorted in (1995) 6SCC circumstances of the cases and material on record. it is directed that the matterjbe examined by the Registrar/respondent no.2 expeditiously and the order b6 ^assed positively within a month from the J date of production of the copy of tfiis order before him and the result be communicated to the petitioner. Con|pliance report be also subm'rtfed to the Additional Registrar (Judicial) ofthis C^urt. Subject to the observations hnade hereinabove, this petition stands disposedof. Certifiedcopy as per rules. Copy to the learned Dy. Advoca^e General, as prayedj^[ Sd/- Fakhruddin Judge ^ [^^fe4