D ^ ^' 1> '-y^, HIGH COURT QF CHHATTJSGARH. BILASPUR PETITIQNER W.P.SS) N0.7108/2011 Shiv Kumar Singh, aged about 39 years, S/o Shri Mahavir Singh R/o Shanti Nagar, Ward No.4, Lane No.4 AT= Rajnandgaon, District Rajnandgaon (C.G.) State of Chhattisgarh, Through Secretary, Generai Admlnistration Department, Dau Kalyan Singh Bhawan, Raipur, District Raipur (°•°•)_ The Commissioner, Chhattisgarh Griha Nirman Mandal, Head Office, Shanker Nagar, Raipur, District Raipur(C.G.) Coilector Rajnandgaon Tah and District Rajnandgaon Executive Engineer, Chhattisgarh Griha Nirman Mandal Pariyojnan Sambhag Rajnandgaon AT= District Rajnandgaon WRIT PETITION UNDERARTICLE 226/227 OF THE CONSTiTUTiON QF INDIA Mr. Rakesh Dubey, Counsel for the petitioner. Mr. Shashank Thakur, Panel Lawyer for respondents 1 & 3. Mr. Sanjay Patel, Counsel for respondents 2 & 4. Heard finally with the consent of learned counsel for the parties. Father of the petitioner namely Mahavir Singh was working as Peon/Chowkidar in the office of respondent No.4. He died on 13.10.2008. After hls death, the petitioner made an application for compassionate appointment. The said application was forwarded by the CollectQr (respondent No.3) to the Commissioner, Chhattisgarh Griha Nirman Mandal (respondent No.2). Respondent No.2 did not consider the application of the petitioner and wrote a letter to the Coilector that 10% of the sanctioned posts of Class-IV cadre were not vacant, against which the case ofthe petitioner could be considered. Mr. Dubey submits that on 19.10.2011, the State Government has issued Cireular No. F 7-4/2002/1 -3 and the timit of 10% has beer, relaxed for a period of 06 months. His submission is that in view of this Circular, the case of the petltioner may be reconsidered by respondent No.2. The copy of the Clrcular is at page 21 of the paper book. have heard iearned counsei for the parties at length and have also perused the records ofthe writ petition. On account of the above Circular dated 19.10.2011, if the condition of 10% has been rslaxed by the State Government, am of the view, that the case of the petitioner can be reconsidered by respondent No.2 in iight ofthe said Circular. In She above facts and circumstances, this writ petition is disposed of wlth a direction that the application of the petitioner shail be immediately processed and the concerned respondent shall consider and dispose of the same in iight of the Circuiar dated 19,10.2011 within a further period of 3 months from its receipt so that the time period mentioned in the Circular dated 19.10.2011, which is in public Interest may not be frustrated. The N0. decision on the said application shall be communicated to the petitioner. With aforesaid observations/directions, this petition stands finaily disposed of. Sd/- Sunil Kumar Sinha Judge M'l^- B