c^1 BSgi?^1'-^^? •W^WSSSS' ^^^ • SiNGLE BENCH ? IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH Writ Petition (S) No.'2,62>% /2010 (SB) PETITIONERS .^-''^^ ^•y,. ^fc-y' ^^••'"' ^y' 1. Nawal Kishore Yadav, Aged about 24 years, S/o Late Shri Manharan Lal Yadav, Posted as Shiksha Karmi Grade - III, Government Middle School, Masturi, District - Bilaspur (Chhattisgarh), Resident of Purani Basti, Block Masturi, District - Bilaspur (Chhattisgarh) 2. Surendra Kumar Gupta, aged about 35 years, S/o Late Shri Kishun Lal Gupta, posted as Shiksha Karmi grade - III, Government Primary School, Indira Awas Masturi, District - Bilaspur (Chhattisgarh), Resident of Near Block Colony, Masturi, District - Bilaspur (Chhattisgarh) VERSUS 1." StateofChhattisgarh, Through: Principal Secretary, School Education Department, Mantralay, D.K.S. Bhawan, Raipur (Chhattisgarh) 2. ' The Collector, Bilaspur District - Bilaspur .(Chhattisgarh) 3'. The District Education Officer, Bilaspur (Chhattisgarh) 4. The Janpad Panchayat Masuri, Thro.ugh: Chief Executive Officer, District - Bilaspur (Chhattisgarh) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA RESPONDENTS iaa&: 3?]t?T^1^Ni' WT ir'IW 3iIIW Dwv& Lf0 's'^'^wwi\,',s'mww, Fsfwvy .M.i)fel^...:...3.^.te 3?T^T VRV (1cl!d«<^tT) l<*pifi?i^? ^WfS 'x. ts^t TfSff^re ^•affOTsn^i SBjJiun'bl^Snn Nianmura Moh^n Shnvastava, J. 2147.2010 Shri Sandeep Dubey, counsej for the petitioners. Ms. Sangeeta Mishra, Panei ij.awyer for the State. Learned oounsei for the pe|itjoners submits that in view of polioy of compassionate appointment dated |!0/06/2003, which was in force at the tirne when the petitioners were grven corj-ipassionate appointrnent, they were entitied to be appointed on any post of c|ass-3 or oiass-4 in regular estabiishment. Learned counsei for the petitioner s^bmits that they were given compassionate appointment on the post of Shikshgj Kamii, Grade-lii by way of compassjonate appointment vide order'dated Annexjire P/5 and Annexure P/S. Leamed counsel for the petitioners submits that thej post of Shiksha Kanni, Grao'e-111 is not a reguiar post and the post is iikeiy to[be abolished after compietion of the project of Rajiv Gandhi Shiksha Mission, a ti^ne bound prqject. On the other hand, submissicjn of learned counsel for respondents is that a perusal of circular dated 10/06/'20(^ (Annexure P/1) cleariy shows that the post of Shiksha Karmi is a post borne in tl^e reguiar establishment. There is no other material d^i record to show that the post of Shiksha Karmi, Grade-iii is a femporary p{)st. However, it wouid be operi for the petitionefs to approach respondents poiioy of cornpassionate appointmen Sio.2, 3 aiio' 4 to bring this fact to their notice and raise suoh oiaim forappointme(it on a reguiar post in accordanoe with the r. tn oase, such representation is made, the concemed authorifry shaii take deci^ion expedttiousiy on such represenfatJon in acoordance with iaw. Sd/- Manindra Mohan Shrivastava Judge 1