5 l^s, ig "i'g'"'«nU IN THE HONABLE fflGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR C.G. W. P. No...................i.'.?;..1^..........2005 \ ^^y>-^ ^:~^^^ •^•"^••";'...-<<H ^^.^"^^ ^•••r ..»Ae' ' •••"'' «ya- ..'•''> tVf^"h PETITIONER..................... Girija Shanker Sharma aged 25 years son of Late Shri Bhairo Prasad Sharma , Sammvida Sala Sikchhak Verg - 3. Govt. Middle School Pahandor Tahsil Patan, 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.) 2. The District Education Officer, Durg (C.G.) ^c^-t ^- ^OV?- -^""•f' /-ft?~ ^./^T^ •e^ 1' :s.w 'etition under Articles 226/227 of the Constitution oflndia. l^^^^a^'^s?^^ XI-HC-22 STI^T^iT fN^sn^T sb><i+tiRd 3^ ^iraRpr, ®^t'BIre,fa^iyy 11 ^.^.L^ 311^1 <wiW;Hfer wifepfrT tniRffffte^tTi^R ^srf^iran^T Shri Ajay Shrivastava, couns|el for the petitioner. Shri Akhil Agrawal, Panel La^vyer for the State. By this writ petition under Arficle 226/227 of the Constitution of India the petitioner has prayed for regu|ar s|ppointment from 21.5.2002 on the post of Assistant Teacher. < The case of the petitioner is ]that his father Late Bhairp Prasad Sharma, who was working as Assistant Teajsher at Govt. Middle School Kugda, Teshil Patan, District Durg, died in harness|on 22.06.1997. The petitioner's father was the sole bread earner in the faiT)ily and on account of sudden death of petitioner's father there is no soi|ree of income of the petitioner's family, |therefore, the petitioner had applied |for appointment on compassionate ground. |The petitioner's application vras allo^ed and he has been appointed as contract ^eacher vide order dated 21 .5.20(p2 (Annexure P-2). Further case of the etitioner is J:hat he ought to have C<sl^^»>»>^<ff/' No.F-7-4/2002/1-5 dated been appointed on regular basis as per ttll 10°' June, 2003 issued by the Ministry of Seneral Administration Department,(3ovt. ofC.G., Raipur. Counsel for the petitioner argijied that as per sub-clause (3) of Clause 6 if the above scheme of compassic|nate appointment the petitioner ought to lave been appointed as a regular ] employee and he could not have been ppointed as daily wager or ad-hoc Ijiasis or on thecontract basis. Sub-clause 3) of Ciause 6 of the said scheme) envisages that the prescribed 5% posts leant for compassionate appointmei|it shall be filled in by regular appointment irovided the applicant is qualifled ar|d against that 5% posts the appointment |hall not be made on daily wage, ad-^oc or contract basis. I have perused the petition and|sub-clause (3) of Ctause 6. t:1; XI-HC-22 g^g- ^M\vf3i, ^WW, ?^v\my. Z-D 3TT^?rq^» .[^../.<5Y7... sn^rqiT fNSRsn^T sh*li<t>flfef •ea^v^WRff ffte^t (IStOTI: ^isri^iTsn^r 3)1^1 gWIWBf?(T Perusal of the petition it is sr ^ A'•\ ^Jc' ^' ^ lavailable and against that posts the not clear that whether 5% posts were petitioner has been given appointment. In ihe circumstances, learned couns|el for the petitioner submitted that the petitioner may be allowed to make ^ representation to respondent No.1 raising all his grievances and also in the ligh|t of said scheme dated 10.6.2003, to which learned counsel for the responctents |ias no objection. Having heard learned couns^l for the parties and having regard to the facts and cireumstances of the c^se, the petitioner is allowed to make a fepresentation within a period of tv^o weeks from today to respondent No.1 [aising all his grievances and in ]turn respondent No.1 shall decide the (epresentation of the petitioner in a|scordance with law after considering the ^oints raise?) by the petitioner and|also in the light of Scheme No. F-7-4 / t002/1 -5 dated 10th June, 2003 issue|d by the Ministry of General Administration )epattment, Govt. of C.G., Raipur wlhin a period of two months from the date jf receipt ofthe representation. With the direction aforesaid, th^ petition stands disposed oi_ Sdl- Certified copy as perrules. ] "" \^ i C.'Bhadoo judQe -(iftt^s^)