I] 1 #3 Q,t/ a” “I IN THE HIGH COURT OF JUDICAEURE.AE BILASPUR (C.G.) ”38EJB / W.P. No‘. /2oo3 PETITIONER l. Santosh Mishra Aged about 2O years S/O Late Shri Shravan Kumar Mishra, Jabdapara, Sarkanda Bilaspur(Chhattisgarh) 2. Uttam Kumar Jaiswal Aged about 20 years S/O Late Shri K.L. Jaiswal, R/O H—2/6, Nutan Colony Sarkanda, Bilaspur (Chhattisgarh) Yogesh Pandey Aged about 23 years S/o Mahavirsharan Pandey, x‘ R/O Hanuman Chowk, Gharghoda, Distt. Raigarh (Chhattisgarh). 4. Laxmi Narayan Kulmitra Aged about 21 years S/O Late Shri Rajaram Kulmitra ‘R/O 'Behind Police Station, Lormi Bilaspur District (Chhattisgarh) 5. Rajesh Rajput Aged about 26 years S/O Late Smt. Kumari Devi Rajput R/O Near Cooperative VBank, Bilha Bilaspur District (Chhattisgarh) 6. Pawan Yadav Aged about 3O years S/O Late Shri Jagdish Prasad Yadav, R/O Station Para Bilh Post Bilha District Bilaspur (Chhattisgarh) 7. Sanjay Sharma Aged about 33 years S/O Late Shri G.P. Sharma, R/O Masanganj, Idgah Road, Bilaspur (Chhattisgarh) 8. Sheetal Prasad jak Aged about 25 years S/O Late Shri Chhedilal Rajak, . i R/O Vill.&Post Mangla L District Bilaspur (Chhattisgaih) 9. Aoirudha Jaiswal Aged bout 35 years S/O Chherkuram Jaiswal R/O Vill. Dhaurabhata Post Kargi Road (Kota) i a Ra a ‘ /\x l3. Anil Kumar Bunkar aniyari Distric G t Bilaspur (Chhattisgar) 15. ‘Rekha erma V Aged about 28 years D/O Late Shri Ramawatar Verma, R/O Vill. Bidbida Tahsil Mungeli Distt. Blaspur (C.G.) i l6. Nagendra Dewangan Aged about 35 years S/o Late D.L. Dewangan R/o Juna Bilaspur Dstt. Bilaspur (C.G.) l7. Umesh wari Ti aged about 22 years S/O Late Shri R.K. i Tiwari, R/O Near Jyoti Provisio Store, n Vikas Nagar, 27 holi, Bilaspur (Chhattisgarh) l8. Sanjay Pille Aged about 23 years S/O Late Shri Ram Chandra Pille R/O Katiyapara, Shiv Chowk, Kalyan Bada, Juna Bilaspur (Chhattisgarh) 19. Yogesh Kaushik aged about 21 years O S/ Late Shri Panchram h i K ‘ ‘\LK R/O Vill. & Post Pipartarai, Via @ Kaushik, R/O Vill. Pand Post Saida Tahsil Takhatpun Distt. Bilaspur (C.G.) Om Prakash‘Thakur Aged about 22 years S/o Late D.S. Thakur R/o Shiv Chowk, Kududand, Bilaspur (C.G.) 21. Dheeraj Kumar Soni aged about 21 years S/O Late Shri Jaikaran Soni, R/O Mangli Sonar Gali, Munnulal Shukla Road, Gondpara,Bilaspur (Chhattisgarh) 22. Sunil Kumar Mushre Aged about 27 years S/o Late Shankarlal Mushre, R/o Mangla Chowk, Theypa Niwas Bilaspur (C.G.) 23. Gajendra Gautam Aged about 28 years S/O Late Shri Rampratap Gautam R/O C/O Gautam Maharaj Near Milan Chowk, Kududand, Bilaspur (Chhattisgarh) VERSUS EL RESPONDENTS \L} State of Chhattisgarh Through the Principal Secretary Department of General Administration, Mantralaya, DKS Bhawan Raipur (Chhattisgarh) State of Madhya Pradesh Through the Principal Secretary Department of General Administration, Vallabh Bhawan, Bhopal (Madhya Pradesh) PETITION UNDER ARTICLE 22/6 OF THE CONSTITUTIN ISSUANCE OF WRITS OE' CERTIORI A OE INDIA FOR MANDAMUS AND FOR DIRECTIONS} — O AR ND FURTHER APPROPRIATE WIS A RT ND ‘ qWAE 4; may w‘. §an5 € 1‘1‘ a»wugvw gags $3 gugawu§§§§§ awnwwg on www g3; $8” “gawk ; 25 HIGH CQURT OF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hoa’ble Shri Satish K. Agnihatri, BL ION N0“ 3868 OF 2003 PatitionerS : Sa11tosh Mishra 82; athers VerS su Respondents : State of C11hattisgarh 65 another Pxesemi‘: Slui Jitendra Pali, counsel for the petitim’mrs. Shri Alok Bakshi, Govt. Advocate for the. respondents (State. QRAL 9RQER g 31st Jammxy, 2006) 1, This petition was filed by 23 petitioners. The petitioners No. 1, 5; 8, 10 and 19 have flled mterlocutmy application N0. 1556,! 2006 for withawal of this petition on their behalf. The application is allowed. This petition in respect of the above petitioners is permitted as withdrawn. Learned counsel for the remaining petitioners submits that fathers of respective petitioners died in harness while working in various depaitments of the State Government. The etitioner being son and dependant of the respective ps government servant have filed application for consideration of their names for compassionate appointment, but the cases of the petitioners have not yet been considered by the respondents. The particulars of naJne of the petitioner, name of the father, dat of death, post and the departinent in which e LO ” miwW . hr "no, .itri WRIT PETIT dr flmy ware working are being mentionad hereill b€1ow for the shake of convenience :- Sr.No. Name of th€ Father’s name DiEd on Working in the Petitioners, of T116 departmsnt Petitioners 2. Uttam Kumar Jaiswal Late K.L. Jaiswal 11.5.2000 Clerk (Assistant Grade HI) Irrigation Depeument Hasdeo Kachhar 3. Yogesh Pandey \ Late Mahavirsharan Paodey 9.3.1998 Booking Agent (Assistant Grade III) State Transport Corporation 4. ' Laxmi Narayan Late Rajaram Kulmitra 26.4.2000 Upper Division Teacher Govt. Kulmitra Boy Higher Secondary School, Lormi Education Department. 6. Pawan Late Jagdish 11.3.1999 Aseistemt Yadav Prasad Yadav Regional Veterinary Officer, Directorate Veterinary Health Seivices 7. Sanjay Shauna Late G.P. Shauna 8.11.1998 Registrar, Cooperative Societies 9. Anirudha Late 19.10.2000 Upper Diviaion Jaiswal Chherkuram Jaiswal Teacher, Education Department 11. Smt. Gauri Jana Late A.K. Jana 81.8.1999 Chief Draftsman Water Resources Department 12. Abdul Garfur Khan Late ”Abdui Sattar Khan 14.7.1998 Assistant Grade III, ' (LDC), Water Resources Department 13. Anil Kumar Bunkar Late D.P. Bunkar 18.1.1998 First Division Clerk Public Works Department _ ot Leamed counsel for the petitioners submits that several petitions of compassionate basis were considered by this Court and they have been decided by order dated 28th December, 2005 wherein this Court passed. the following order:- “5. So far as the. present cases are concerned, learned Dy. Advocate Generals made a statement that the State. of Chhattisgarh has taken a decision to 4 . cons1der the cases three years prior to reorgamzahon i.e. those State emoloyees Whose deathnccurred on or idenh'cal nature for 011 appointment 14. 'Vikram Singh SikaIWaI Late Dwan'ka Prasad Sikalwar 14.10.2000 Head Mastar, Education Departmalt 15. Rekha LatE Shn‘ 2.6.1999 Assisfant Verma Ramawatar Teacha‘, Vanna Education Dapaitmsnt 16. Nagendra Dewangan Law D,L. Dcwangan 23.6.2000 Accountant Education Department l7. Umcsh Latc' R.K. 25. 10. 1998 ASSistant Gradc Tiwan' Tiwari III, Forcst Deparmlcnt 18. Sagjay Pills Late Ram Chandra Pille 19.7. 1998 Conductor Grade II, Tele Communication Repair Division C.G. , 20. Om Prakah Latc D.S. 18.2.2000 Chhattisgarh Thakur Thakur State: Eiectricity Board 21. Dheeraj Kumar Soni Late Jaikai‘an Soni 3.2.1999 Assistant Grads III Ofticc of the Collector, Bilaspur 22. Sunil Late 26.3.2000 Suweyor Office Kumar Shankarlal of Assistant Mushre Mushre Land Conservation OEIcer 23. Gajendra Gautam Late Rampratap Gautam 8. 10. 2000 Accountant Forest Department dug aftar 1,11.199’? and Strictly in accordance with tha policy pravalsnt at the time of death of an employee. This sfatement is recorded. 6. Learned counsel appearing for the respective petitioners in the bunch of cases categorically stated that in each and evely case the death of the employee has occurred on or after 1.11.1997 and not earlier. Learned counsel further submitted that their eases may be considered and decision may be taken at the earliest. They also submitted that the petitioners will render due cooperation to the authorities, This statement is also recanted . 7. Learned counsel for the State submit that in every petition three sets have been filed by the petitioners; in some cases extra sets are required by them which may be allowed to be taken by them from the Court record. The State counsel may take the extra sets from the office Wherever they require.- They also pray for three months time to decide the cases of the petitioners. 8. In View of the suhmissions made by learned counsel appearing for the parties, without expressing any opinion on the men'ts of the ease, in the opinion of this Court ends ofjustice will be served if a direction is given to the State and the authonties concerned to consider and decide the cases of the petitioners’ dependents of the employees who died on 1.11.1997 and thereafter in accordance with the policy which was in force at the time of death of the employee. Each and every individual case will he decided and if the person found eligible, appointment orders will be issued as early as possible on or before 30th April, 2006. The petitioners are also directed to render due cooperation to the authorities. It is made clear that if any grievance still remains, the petitioners may avail the remedy available under the law including filing of the petition before this Court. ‘ Q19 9, Subject to the. aforesaid directions and obselvations, all these petitions stand disposed of with the aforesaid liberty. 10. stand Consequently, pending applications if any, also dlsposed of 111 some cases apphcatlons seekmv formal amendments regaidmc correction of cause title etc have been flled They eue allowed The amendment be mcmpomted and the corrections if any be made " The facts of the present case are admittedly squarely covered by the judgment and order dated 20,122.2005 passed by ans Court in WP. No. 73 1/2004 (Dumedra Singh Pisda Vs. State of Chhattisgarh 65 others) and other connected matters. In View of the foregoing, the present petition is accordinvly alowed in terms of the ordei passed 1n W P No 7%1i’9004 NO order as to costs Sd/- Satish K. Agnl'hotl'ijf d Judge ‘ Bablu