^ s ^g%^ ~^^^"^?! A» :/'¥^%iti;??'"?ci ^a.ii-tii.;;" gi£^^,*f IN THE HONABLE fflGH COURT QFJUMCATIJREOF CHHATTISGARH AT BUASPUR C.G. O ^. .7' W. P. No.....................(.:^.h..?:.......2005 z^'>r../-' ^•^^"'"^ .^^•^•^ ^"\'^v'' ..-••^ ^y^ ^^••^'^ y"^ ^•""y PETITIONER..................... Lekhu Ram Sahu aged 22 years son of Late Shri Rekh Ram Sahu , Sammvida Sala Sikchhak Verg - 3. Govt. Primary School Matia BIock Gunderdehi, District Durg (C.G.) Versus Respondent ..................... 1. The State Government of Chhattishgarh, Through the Secretary,SchooI Education Deptt D.K.S.Bhavan, Raipur (C.G.) f^rff^ Tbe Di8tri<:t Edu'ation OfGcer, Durg (C.G.) -<y-:3-°<- <^' ,effF\' ^t- ci£- aT.^,^ *-1' Writ Petition under Articles 226/227 of the Constitution oflndia. XI-HC-22 3^ '<{HM^, wf\VI<a, RlrtWy ^ sn^Ti Msrai: 11*<MI ailliqi^.^.^s£/^W[ 200 afi^r^r f^ri^an^r sti*<i*«Rd afl^igklWHfer i6.4.: Lawfyer Artlcle income Shri Ajay Shrivastava, counss Shri Akhil Agrawal, Panel By this writ petition under petitioner has prayed for regular Assistant Teacher. The case of the petitioher is| was working as Head Master it Gunderdehi, died in harness on 1; sole bread earner in the family and| fatherthere is no source of incorrle petitioner had applied for petitioner's application was allowei teacher vide order dated 8.7.2002 is that he ought to have been No.F-7-4/2002/1-5 dated 10th Jun^, Adminisfration Department, Govt. ofl< Counsel for the petitioner ardiue of the above scheme of compass) have been appointed as a reguli appointed as daily wager or ad-hoc) (3) of Clause 6 of the said scher^e meant for compassionate appointm|ent provided the applicant is qualified shall not be made on daily wage, acj- 1 have perused the petition ct>i<ifa<fl-i iii<iTfffel<rl <Kiw, ^arf^R'sn^r for the petitioner. fortheState. 226/227 of the Constitution of India the ppointment from 8.7.2002 on the post of Ithat his father Late Rekh Ram Sahu, who ttie Primary School, Mahud, B-Block, 1.10.1999. The petitioner's father was the 1 on account of sudden death of petitioner's of the petitiorier's family, therefore.the on compassionate ground. The and he has been appointed as contract (i^nnexure P-1. Further case of the petitioner on regular basis as per notification 2003 issued by the Ministry of General ]C.G., Raipur. that as per sub-clause (3) of Clause 6 [onate appointment the petitioner ought to employee and he could not have been basis or on the contract basis. Sub-clause envisages that the prescribed 5% posts shall be filled in by reguiar appointment ind against that 5% posts the appointment -hoc orcontract basis. sub-elause (3) of Claus®6. appoihtment apriointed ardiued aihd -^- fi^^l )ii? m1 1:i<i .;': j^ S!( .'.j XI-HC-22 3^ •<11<<1<'1<<, ©xfl^'IG,iatdiy^ 3ii^,'l MS!<») HIIMTaxilch "••••••••••••••••••• gq- 200 WrfCT'ft.T IIF^fr'ff fel^ ^TRK ^>3i1^T[T3n^r sn^rw tew.sn^T Mi'htlRd th^ circumstances, learned counsel Perusal of the petition it is n|at clear that whether 5% posts were av^ilable and against that posts the pejlitioner has been given appointment. In for the petitioner submitted that the p^itioner may be allowed to make a r^presentation to respondent No.1 raising al| his grievances and also in the iight ( le^rned counsel for the respondents h^ Having heard learned counse) said scheme dated 10.6.2003, to which s no objection. • for the parties and having regard to the fajsts and circumstances of the cas^, the petitioner is allowed to make a r^presentation within a period of t<vc| weeks from today to respondent No.1 r^ising all his grievances and in tj-irn respondent No.1 shatl decide the r^presentation of the petitioner in ac]cordance with law after considering the ptiints raised by the petitioner and als<> in the light of Scheme No.F-7-4/2002/1- 5| dated 10 June, 2003 issued by| the Ministry of General Administration }epartment,Govt. of C.G., Raipur wi<hin a period of two months from the date receipt of the representation. [ With the direction aforesaid, th^ petition stands disposed of. Certified copyas perrules. | ____.- —— L.C. Bhadoo Judge -. -A-ufe" ^•U,IA^ llfB