a? 0V \\\ l I f X ‘ i ‘ HIGH, COURT OF CHHATTISGARH A:l’ BILASPUR Cdram: Hon’ble Shri Dhirendra MiAhra & Hon’ble Shri R.N. Chandrakar, JJ writ Appeal No.80 or !2o11 APPEIIL'ANT 'Amitabh Sihgh, ‘S/o late Shri RR. Binjhwa ETITIONE aged about 32 yearsi, R/o ViHage Tilaibhath, Post ‘ChichoH, Tahsill Kartala, District Korba (CG) i q v Vs. RESPCND‘ENTS 1. State of Chhattisgafrh, through: Secretary, Schoqt Education Department, Mantra'laya, ¢ DKS Bhawan, Raipur;District Raipur (CG) State ef.'Chh'attis_ga:rh, Through: Secretary, General AdministratioZn Department, Mantrlaya, DKS ‘Bhawan Raipur, District Raipur (CG) ‘ State of Chhattisgarh; Through: The Secretary, Panchayat & Social Service's Department, Mantrlaya, DKSBhawan Raipur, District Raipu _ (CG) Collector (Tribal Development, Korba, District Korba(CG) ' The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) District Education Officer, Korba, District Korb (CG) ‘ Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) v Writ Appeal No.96 of 2011 APPELLixNT PETiTioiNER Dhirenolra Singh Kanwar, S/olate Shri Bahoran Singh Kanwar, aged, about 31 years, R/o ;, Village and Post Bhaisma, Block Kartala, 1 District Korba (CG) ‘ ,Vs. RESPOIQDENTS 1. 'State of 'chhattrsgarh, through: Secretary, School Educaticn Department, Mantralaya,‘ vDKS Bhawan, Raipur District’Raipur (CG) ‘ State of Chhattisgar‘h, Through: Secretary, , General Administration: Department, Mantrlaya, ’ DKS BhaWan Raipur, District Raipur (CG) . State cf C'hha‘ttisgarh, Through; The Secretary, Panchayat 8., (Social _ Services, Department, Mantrl'aya,‘DKSBhawan Raipur,‘District‘Raipur CG) ‘ - , ' ‘ ' 1 r, PR ar r g i . a ; ‘ ‘ r ( ( , APPELLANT ‘ ‘PETITION - _ y RESPONDENTS ollecor (Tria Deveopment Korb, Distric Ct bl l, 'a t Korba (CG) The CommIsSIoner T Ibal Development State of uhhatttsgarh Raipur District Ralpur (CG) District Education Officer Korba District Korba CG) hief Executive Offcer Janpad Panchayat Kanala District Korba (CG) Writ Appeal No.97 of 201 1 l Rajendra Kumar Singh, Slor later Shri Moit Singh Paikra, aged about 30 years, R/o Village Bandhwabhata, Post; Sarabundiya, Block Kartala, District Korba (CG State of Chhattisgarh, through: secretary, School Education Department, Mantralaya, DKS Bhawan Raipur‘District Raipur (CG) State of Chhattisgarh Through Secretary, 'General Administration Department Mantrlaya DKS Bhawan Raipur District Raipur (CG) State of Chhattisgarh Through The Secretary Panchayat & Social Sewices Department Mantrlaya DKS Bhawan Raipur District Raipu (CG) Collector (Tribal Development, Korba, District Korba (CG) The Commissioner, Tribal Development Stat of Chhattisgarh Raipur District Raipur (CG) District Education Officer Korba District Korba (CG) Chief Executive Offcer anpad Panchaya Kartala District Korba (CG) Writ Appeal No.98 of 201 1 ‘ RESPONDENTS Tika Ram, S/o late ’Shri Ramdhan. Binjhwar,‘ aged about 32 years, R/o Village Tilaibhatha, Post Chici, ,i ar itrict Korba (CG) Vs. 1. Vs. 1. State 'of Chhattisgarhw Throughi Secretary, School Education Department, Mantralaya ER APPELLANT " PETITIO NER ( C h ) , r e J t “ , ' hoi Tahsi Ktaia, Ds k DKS Bhawan, Raipu District Raipur (CG) i y { X i \ \ ‘ \ State of Chhattislggrhl Thrdugh: Secretary, ; General AdministratiT Department, Mantrlaya, > DKS Bhawan Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & Socia‘l Services Department, Mantriaya, DKS Bhaviran Raipur, District Raipur‘ (CG) OIlector (Tribal Deviélopmént, Korba, District Korba(CG) v i The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) District Education Officer, Korba, District Korba (CG) . ' r " hief ExecutivesOfFiCeh Janpad Panchayatv Kartala, District Korba (CG) Writ Apgeal No.99 of 2011 Dinesh Kumar Sahu, S/o late Shri Sahdeo Prasad ‘Sahu, aged about 26 years, R/o Village Hirri, Post‘ Sasha, Tahsil Pamgarh, District Janjgir Champa (CG) PPELLANT ETITIONER Vs. ESPonDENTs 1. State of Chhattisgarh, Through: Secretary, School Education Department, Mantralaya, DKS Bhawan, Ralpur District Raipur (CG) State of VChhattisgarh, Through: Secretary, - General Administration Department, Mantrlaya DKS Bhawan'Raipur, District Raipur (CG) State of Chhattisgarh, Through: The Secretary, Panchayat & Social Services Department, Mantrlaya, DKS Bhawan Raipur, District Raipur (CG) ‘ Collector (Tribal Development, Korba, District Korba (CG) ‘ ’ ‘ ‘ ' 7 he Commissioner, Tribal Development State r . of Chhattisgarh Raipur, District Raipur (CG) istrict Education Officer,’Korba, District Korba CG) I Chief Executive r officer, Janpad‘ Panehayat ‘Kartala,’ District Korba (CG C C A P R , ‘ . T D ( ) PPELLANT ETITIONER WritA eal No.1,01 of 24m Dhruv Kumar Rathod /o late Shrl T R Rathod aged about 35 years lShIksha Karm1 Grade-l” Middle School Don adarha Block Korba District Korba CG) l State of Chhattlsgarh Through Secretary, School Education Department Mantralaya DKS Bhawan Ralpur Dlstrlct Ralpur (CG) State of Chhattlsgarh, Through. Secretary, General Administration Department, Mantrlaya DKS Bhawan Raipur, District Raipur (CG) tate of Chhattisgarh, Through: The Secretary, Panchayat & Social Servrces Department Mantrlaya DKS Bhawan Ralpur District Raipur (CG) ‘ Collector (Tribal Development Korba District Korba (CG) -‘ The Commissioner, Tribal Development State of Chhattisgarh Raipur, District Raipur (CG) District Education Officer, Korba, District Korba (CG) Chief Executive Officer, Janpad Panchayat Kartala, District Korba (CG) Vs. ESPON DENTS 1. PPELLANT ETITIONER AND ri Appeal No.1 02 of 201 1 Wt Harpal Singh Kanwar, Slo late Shri Samrath Singh Kanwar, aged about 36 years, Rio Vitlage Masan, Post Tilkeja, Tahsil Kartala, District Korba (CG) State of Chhattisgarh, through: Secretary, chool Education Department, Mantraiaya, DKS Bhawan, Raipur District Raipur (CG) State of Chhattisgarh, Through: Secretar, eneral Administration Department, Mantrlaya, DKS ‘Bhawan Raipur, District Raipur (CG) tate of Chhattisgarh Through The Secretary, anchayat & Social Servrces Department _ Mantrlaya DKS Bhawan Raipur District Raipur (CG) ollector (Tribal Development Korba, District orba(CG)( Vs. .’ A P ( R , S A P RESPONDENTS S y G x S P C , K 1 Chhattlsgarh he CommIsSIoner Ralpur glbal Istnct Development Ralpur (CG) State of 6. District Education Offcer Korba District Karba (CG) Chief Executive Officer Janpad Panchayat Kartala District Korba (CG) Present: ‘ Shrl P K Patel counsel forthe appellants Shn Sumesh Bajaj, Govt Advocate for the State ORAL JUDGMENT (28 3 2011) This b‘atch of writ appeals ls being disposed ‘of by this common Judgment, as the same ls directed against the order dated 15—12-201 O passed by the: learned Single Judge whereby the wrlt petitions filed by the appellants; erein have been dismissed by a common order lndisputably, the appellants herein were granted compasswnate; appomtment of Shiksha Karmi Grade-HI on account of death of their‘ family members while tgge were in serVIce on whom the appellants herein were dependent before their death as per policy of the State Government The appellants hereln fled the writ petitions on the ground that as per circular of Annexure—P/4 compassmnate appomtment is to be made against regular posts whereas as per Annexure—P/5 Shiksha Karmi I is not a Government employee ln these circumstances learned Single V Judge ought to have directed the respondents to conSIder the cases of compassmnate appomtment of the appellants herein on some regular osts and not as a Shiksha Karmi Grade-Ill Heard learned counSel for the appellants Learned Single Judge relymg upon various decisions of the Supreme Court and deciSion of this Court in the matter of Rekharam Nidhi and ‘ others Vs State of Chhattisgarh and others {W P No 3175/2004} held l that the petitioners/appellants herein cannot claim as a matter of right a ‘ ”direction to be posted on a particular post Indisputably, the petitioners/ appellants herein accepted the compasswnate appomtment Without any demur on the post of Shiksha Karmi Grade-Ill and the writ petitions have TAN ‘ been fled , i.”after expiry a . of suffcrent period. « \\ K; f A T h p ‘4 3 Thus}, bohsidefing the above facts and thé grounds mentibned in the impugfhed order for dismissing the writ petitimLs, We are of the dpinio‘n that: 'the‘ order, ainpeliants do not have any good grounj to challenge the impugned L i In the result, the Writ appeals are devoid of merit, the Same deserve to be and are hereby dismissed. l Sd/- Dhirendra Mishra Judge Sd/— g