'^*- r'VSK ^B^ »--» ffW A<r -1 •h BEFORE THE HON^BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) W.P. fS) N0. TJ^'W of 2011 PETITIONER /^Ksheersagar Budek, S/o. Kunjbihari Budek, aged about 19 years, R/o. Village-Bhawarpur, P.S. Basna, District Mahasamund (C.G.), VERSUS RESPONDENTS 1.-^ The State of Chhattisgarh, Through : Secretary, Department Panchayat and Social Welfare, D.K.S. Bhawan, Raipur (C.G.) M^ ^^ ^/ .tf' ^ y^ ' f°Jf ^- 2. 3: 4T 5.- ^" The Secretary, Department of Education, D.K.S. Bhawan, Raipur The Collector, Mahasamund, District Mahasamund (C.G.) District Education Officer, District Mahasamund (C.G.) Block Education Officer, Block- Basna, District Mahasamund (C.G.) WRIT PETITI@N UNDER ARTICLE 226 OF THE C©NSTITUTION OF INDIA 311^1 W VW* ^TT sn^i'^qra' *IINWI o»*frai 's'sf •<ii<iicit|, ®Til'M<i<o,f°<<'fiyi^< _^^w.p^')^.^^jl1 ••^200 sn^r Traq? (''pfp^r) TOiiw^ftnaii^i SB : Hon'ble Shri Manindra Mohhn Shrivastava, J grant ofcomriassionate 13-06-2011 Shri Raghvendra Pradhan, Shri N.Naha Roy, Panei La|i copy. This petition has been fiied| 26/2/2011 (Annexure P/1) bywhic^ petitioner's ciaim for Learned counsel for the p< father of the petitioner died whil^ was minor. An application forgrai on 13/11/06 and thereafter, when another appiication was preferrrefl, order on the ground that tte poii^ appointment after three years of d| Learned counsei for the p< Rao V. State Government of Chl P/5) in identical situation, this grant of compassionate appointm^ merits. He submits that his caie impugned order (Annexure P/1) p^ ciaim for compassionate 30/07/03 and Governmenfs guid< deai with the situation as to dies and his son is minor, then permits grant of compassionate jsounsel for the petiBoner. i|wyer for the State/respondents on advance appoinftnent whelher ^bi<<ii<n<ili •^fflciY^f 'feT3^ ^f^^x 'fe sifhH sii^i Colurt by the petitioner aggrieved by order dated the District Education Ofncer has rejected appointment. Wtioner submite that at the time when the in empioyment on 22/7/06, the petitioner [t of compassionate appointment was made the petitioner attained majority on 9/2/2010, I, which has been rejected vide impugned |sy does not permit grant of compassionate feath of his father. tioner submits that in the case of Hitesh lattisgarh in W.P.(S) No.6074/08 (Annexure directed consideration of appiication for snt, treating the same within time on its own [e is covered by the aforesaid order. The assed on 26/2/2011 has rejected petitioner's giving reference to the policy dated >lines dated 16/12/08. The order does not in a case where Government Servant vhether compassionate appointment policy appointment after attaining majority. i find dTC| •*liq|Mq, ®r)|<1-i|6,fs|^|y^< _._ io -^ (A)> '^° • ^^[^ j U "Wt200 sn^r 'tR^ (lic<^a<^) ^ an^t vi R-ii* WT 3ff^T ^»*il<ft :5eepti />• TOror^toiSii^r ? that in similar factual backdrop of .apRlicatipa.for compassionate appoin|hient has been passed in the case of Hitesh 'Rao wherein the State concetled the case which is covered by the decigion in Vne Sase of Akash Mishri W.P.(S) No.3976/10 decided on 20/1/; In view of the above discuss District Education OfRcer to consider of compassionate appointment. The the same in the light of compassion^ permits grant ofcompassionate app<j> the petitioner woufd be at liberty to a| undertheiaw. With the aforesaid observationfe 'hiild'fl'i iprof '•"' fscft ''f'ngR ^? spRm ;n^r facts, an order for corisideration of v. State of Chhattisgarh & others, i011. ons, it wouid be proper to direct the the ctaim of the petitioner for grant of compassionate appointment in accorc|ance with the existing appiicabte poiicy District Education Officer shail consider te appointment policy as to whether it ijntment to the wards of the deceased employee, upon attaining majority n^twithstanding expiry of period of three years as prescribed in poiicy dated 30r07/03. Needless to emphasize, in casje, the decision is against the petitioner, ail remedy as may be avaitable to him , the petition is finaily disposed off. Sd-/ ManindraMohan Shrivastava Judge TT.'r5t!;< TgBsn»T,(RRt^in—ts,'i4s—2/ia'i —1,50,000.