SsWRI I* R&f'";? C P '1-yv ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) No. 1.2-9J- /2007 PETITIONER ,^.- \ ^" ^.w:...-- ^^.fA^ ,..•••' Vinay Kumar Soni, S/o Late C.L. Soni, aged about 18 years, R/o C/o Pardeshi Soni, Mahamaya Chowk, Durjabandpara, Near Reghuraj Girls School, Pandariya, District Kabeerdham (C.G.) Versus <R'ESPONDENTS -^- , ^ ^O^ /4^ /^/^y / 1. The State of Chhattisgarh Through the Secretary, Tribal Welfare Department, D.K.S. Bhavan, Raipur (C.G.) / 1. The Collector, Jashpur (C.G.) 3. The Prindpal, Government Higher Secondar/ School Boys, Kunkuri, Tahsil - Kunkuri, District Jashpur (C.G.) , 4. The Assistant Commissioner, Tribal Welfare, Jashpur (C.G.). WRIT_PETITIQN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SAT18H K. AGNIHOTKJ 'RTT PE'm (S.) No. 1295 of 2007. Petitioner Respondents Vina.y Kumar Soni Versus sarh &. Others Present : Shri P.M.Shrivas, Advocate for the petitioner. Ku. Deepali Fandey, Paaei Lawyer for State/respondents. o EK (Passcd OE 8C1 ofMarch, 2007) 1. The petitioner is tb.e legal heir a.ad dependent ofLate C.L.Soni, who died on 28.6.1989 working as Accountant in the GovernmCTt Higher Secondary School, Balak, Kunkuri, Block and Tehsil Kunkuri; District Jashpur, in haraess. Accordj.ng to the leamed counsel for the petitioner, the petitioner became major in the year 2005 and thereafter he made a.n application tbr corapassionate appointoent on 01.08.2006 (Annexure P/3). 2. The application of the petitioner was rejected vide order dated 12.09.2006 on the ground that as per circular datsd 2 Fsbruaty 2006- the emDlovees who had died after 1.11.1997 would be considered for grant ofcompassionate appointment, The sai.d circular came into consideration before this Hon ble Court in several other writ petitions which were directed to be considered in accordance with the said circular, Even othem'ise, the deafh ofthe fatlier ofthe netitioner took place on 28.6.1989. 4. It is well established prmciple of .(a.w that the grant of compassionate appointment is a back door entn' as it is not in accordance with constitutiona! provisions. The grant of compassionate appointment is to provide succor and reliefto the dependent members who had become penurious on the death of tbe bread earner of the familv. Tfae petitioner has sun'ived since tbe vear 1989 tii! 2005 without anv assistance from anv source. •6- to grant In view of fhat, at this stage, no direction can be issui compassionate appointment which itself is not a constitutional method ofappoiritment and the petitioner had maintained himself for aboirt 25 vears. Tli for the reasons stated above, this petition is disposed oi, Sd/- - ,^ -s^r°ln Anrit