5r- IN THE HONABLE HIGH COURT OF JUDICATURE QF CHHATTISGARH AT BILASPUR C.G. W. P. No. .2005 WW .\^' (A ^^/. ^%^ ./^^";.-<<Y .^•"^••'." ,;•:•' ^y^^ ^ 0">t PETITIONER. Jitendra Kumar Sahu aged 24 years son of Late Shri Balsingh Sahu , Sammvida Sala Sikchhak Verg - 3. Govt. Primary School Kumhali Block 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.) ^i 2. The District Education Officer, Durg (C.G.) lassasttesau Writ Petition under Articles 226/227 of the Constitution oflndia. _rI'Il£_T>ofi+Snnpr•'ocr>of+1'"IIv fiiK'niolinc +li<»n*i*^i**nIf*B nf+hn wrt-t nntii-inw xuL-iuul^a". XI-HC-22 3^ '^HMI, W^V'W, Rldlti^< Sii^i ^ach ^ ft HWWI St)*il<»» Wq; 200 sn^T^ir f?iR>3n^r *«i+tiRd 311^1 ^kiiwHfer •*i'i|f<'i41-< t<it<<-i)'fffeii;l <Riwi< ^sil^iTsn^r S.4.2005 Shri Ajay Shrivastava, couns^l Shri AkhilAgrawal, Panel La'j By this writ petition under Ar petitioner has prayed for regular Assistant Teacher. The case of the petition^r is working as Teacher in the Govt. died in harness in the month of Ap|r bread earner in the family and on there is no source of income ofth< had applied for appointment on| application was allowed and he h^ order dated 08.7.2002 (Annexure Fr- ought to have been appointed oj 4/2002/1-5 dated 10th June, 2{ Administration Department, Govt. cjf' Counsel forthe petitioner of the above scheme of compas^ have been appointed as a regulf appointed as daily wager or ad-ho); (3) of Clause 6 of the said scheifie meant for compassionate appointr|ient provided the applicant is qualified) shall nbt be made on daily wage,a|; 1 have perused the petition ^nd ^l for the petitioner. 'jvyer for the State. fticle 226/227 of the Constitution of India the (ppointment from 08.7.2002 on the post of ^hat his father Late Balsingh Sahui, who was 'rimary School, Sikosha, Block Gunderdehi rill999. The petitioner's father was the sole |ccount of sudden death of petitioner's father petitioner's family, therefore, the petitioner compassionate ground. The petitioner's as been appointed as contract teacher vide f-2). Further case of the petitioner is.that he ^ £€;^-<:-t<rtje/ -. —— regular basis as per nntifisation No. F-7- )03 issued by the Ministry of Generat 'C.G., Raipur. that as per sub-clause (3) of Clause 6 ionate appointment the petitioner ought to ir employee and he couid not have been basis or on the contract basis. Sub-clause envisages that the prescribed 5% posts shall be filled in by regular appointment and against that 5% posts the appointment f-hoc or contract basis. sub-clause (3) of Clause 6. aijgued dnd IIJ^TI-. li'li •Bi H XI-HC-22 3^ '^i*iici<i, iSiTn+i'rfi, Ricfiu^'i. Sii^i Ma<*» ^IIHMI Sht|l«»)•-••••••••••••••••••• g^ 200 sn^T^ir R-ficba'n^r Sjwf N;Bfer s<i^i e'wiwnlW -•2-' Perusal of the petition it i; ^vailable and against that posts the| |the circumstances, learned couns|i Ipetitioner may be allowed to make |all his grievances and also in the lig! |learned counsel for the respondentsl Having heard learned counfe^ Ifacts and circumstances of the ci |representation within a period of tf |raising all his grievances and in| representation of the petitioner in points raised by the petitioner ancj 2002/1-5 dated 10th June, 2003 issu^ Department, Govt. of C.G., Raipur ^ of receipt of the representation. With the direction aforesaid, Certified copy as per rules. <»ii''<[ci<fl-<*<itiCTi'^''te^t<Ri^;i<. ^afi^iran^r not clear that whether 5% posts were Ipetitioner has been given appointment. In i|el for the petitioner submitted that the representation to respondent No.1 raising tt of said scheme dated 10.6.2003, to which |has no objection. for the parties and having regard to the ise, the petitioner is allowed to make a ji/o weeks from today to respondent No.1 turn respondent No.1 shall decide the ^ccordance with law after considering the also in the tight of Scheme No. F-7-4 / i^d bythe Ministry of General Administration jvithin a period of two months from the date t^ie petition stands disposed of. Sdl- L.C. Bhadoo judge .TS-lBi^el