M a SK ..:I3_\";‘ :L: ‘ a ‘ semedbVS ‘. I _. ‘ Eied ”.M. K LN IHE HIGH COUIRT OI CHHATTISGARH AT BIIASEUR wamwwmmumNo. 4L1! . 12006 CON SILTUTION OE—INDI—A "3:l1"""‘ ' “‘ ‘ ,EETIHONER ‘ Nanci kishore ‘ S/o Brij Lal, Aged about 414; years, R/o Village Jhalmala, Postv Admabad, Tehsil Batod bistrict Durg (CG) EEIQSUS ’RESPONDENITS A, 1. Stateof Chhattisgarh, Through the Secretary Public: Works Department, Mantralaya, VD.K.S. Bhawan ;Raip,ur (C.G) Engineer in Chief, ‘ Public Works Department, Rainur ‘ '(C.G_) Chief Engineer, Public: Works Department, Raipur (CG) Executive Engineer, Public: Works Department, Baiod Division, District Durg (CG) Wgjl;_PETITION UNDER ARTIL'CZLE 22?;[227 XI—HC—78 W E W , W , W WW . .w:f;.t.a)2\.).o.é. o§¢o‘ W 200 WW(W) mxrr'aamia; mm&‘wm ammfm WWW ' $Wm l0s8-2005 Mr. Safyendra Sahu, counsel fa r fhe pefitioner. Mrs. Anju Ahqja, Depu'ry Govt Advocafe for 111a Sfc‘re/respondenfs, on advance copy. Hear-d bofh the counsel. Main grievance raised by The pefH'ioner- in fhis wri‘r pe‘l'ifion under- Qr-ficle 226/227 of fhe Consfi‘rufion cf India is iha'i' his fafher was working as {Semi Skilled permanem Gongman under respondem No.4 and he died in harness <m 12-12-1998 while in service; His fufher‘ had already eomplefed 25 years of ervice on 31-12-1988l On The deai'h of his faiher', fhe pefifioner applied for ompassionate appoinfment, his applicaiion was allowed and he was appoinfed on ompassionafe ground on 15—4-1999 as daily wage labourer, whereas, fhe efifioner oughf fa have been appain‘ as Work Charged Employee as per the olicy enforceable in fhe year 1998- . Learned counsel for fhe pefi'i'i ner argued Thai as per clause 5 (10) of he policy in force a'r fhe time of appo nfmen'r of fhe pe‘i‘i‘i‘ioner, The pefii'ioner as en‘rifled for appoinimenf on co passionai'e ground as Work Charged antingency Paid Employee and fhe ame has no? been considered by fhe espondenfs. Even if is eviden‘l' from Annexure P-6, fhe order passed by fhe‘ ssis'i'anf Labour Commissioner, Du fha‘l' The Chief Engineer of fhe Public orks Department is entitled to pass order regarding compassionate ppointment and he is entitled to a end the order. In the circumstances, l arned counsel submitted that the petitioner may be allowed to make a epresentation to respondent No.3 and respondent No.3 be directed to P.T.O. l' d 9 . r , XI—HC—78 WW,WW,W mg 200g Wm (WW)