^^^ .......<-:'^ £>' •^>^$^^-^"" *.:-""' y^' *«?»B v<<sse"v" -...--" »*••••" ^^.^ i'-.^fh.. 'M'^ ^^^li' IN THE HIGH COURT_QFJUDICATURECTiHAmSGARH AT BILASPUR W.P.NO. 8 (>3 / 2006 Petitioner Homendra Kumar u^' S/o ShnL Late Khuman Singh Sahara, Aged about 22 years, R/o Village Latabod Tehsil - Balod, Dist : Durg-fC.G.) Versus Respondents 1. ^y°K^ ^'A<A ^.-..-sl^. ^?-'^<^"- •.v-^'1' ^,^ Ai.-y " W ^-" sylv ''•-•{••'• .-^ c- ^KT^ fiyr'; Wt'sw! Vi'tlV State of Chhattisgarh Through the Secretary Education Department, DKS Bhawan Raipur, Dist,; Raipur-(C.G.) The Block Education Officer Balod, Dist : Durg-(C.G.) Director Public Education, Raipur, Dist : Raipur-fC.G.) District Education Officer, Durg, Dist : Durg-(C.G.) State of Madhya Pradesh Through the Secretary Education Depahment, Vallabh Bhawan^ Bhopal, Dist : Bhopal-(M.P.) Union of India, Through the Chief Secretaiy Department of Personal & Training 6s Public Grievances, Shastri Marg, New Delhi WRIT PETITION UNDER ARTICLE 226 / 227 OF THE CONSTITUTION OF INDIA 2. 3. 4. 5. XI-HC-22 ^ 's^^vnvf^, ^fll+i'ia. fs«ni+ili< sn^i'^1 K-u* sf^\ St)tfl^> •Hfifl ,.»< Gowri ^ <07r ,'q?r^, "^ 'i^ l^b *<I*ICTI sh*<|ch " """ '"""'"^F^ 24-1-2006 4t<iF<l4l'T 'RP^f^ fe^ Tf^^K ^Tsriigqan^I Shri Deepak Jain, counsei for[the petitioner. Shri S.P. Kale, Govt. Actvocat^ for the State of Chhattisgarh. Miss Sharmila Singhai, Stanc|ing counsel for the Union of tndia. Heard. This case relates to compas the death of an employee serving in Learned counsel for the p death of the employee occurred on ^ionate appointment consequent upon the State. ^titioner categoricalty steted that the 22-5-1998 i.e. after 1-11-1997 and not earlier.It is further submitted th^t in batch of cases bearing W.P. No.1322/2002 involving the same i|]uestion, orders have been passed by this Court on 20/12/2005: He pray|s that similar orders may be passed in this case also. Learned counsei for the Sta<e does not dispute the above fact and states that the State of Chhattisgarfi has taken a decision to consider the cases of dependants of those empjoyees who died on or after 1/11/1997 strictly in accordance with the polfcy' prevalent at that time. He however submits ttiat fo.ur months time f^r issuing necessary orders may be given. tn view ofthe submissions r|iade by tearned counsel appearing for opinion on the merits of the case, in the parties, without expressing an^ the opinion of this Court, ends of; given to the State of Chhattisgs| justice will be served if a direction is islrh and the authorities concerned to consider and decide the case offthe petitioner in accordance wifh the policy prevalent at the time of de?th of the employee concerned. If the petitioner found eligifele, appointmjent orders will be issued as early as possibie preferabiy-on or before ^1 May, 2006. The petitioner is aiso directed to render due co-operatior| to the authorities. It is made clear that if any grievance still remains, the t^titioner may avail the remedy availabte under the law inciuding filing of the ^etitjon before this Cou'rt. With the aforesaid observatj<|>ns, this petition stands disposed of. Consequently, M.(W.).P.No.p03/06 also stand disposed of. Certified copyas per rules. Copy to the State counsel, '(vho will be obliged to communicate the order to the respondents for compli^nce. Sd,'- Fakhruddin Judge [Tf^^f^ ~s/