®Si-**S-•i^s^; -Sf '-'-•VS 6 ^ /^ f.^/^ BEFQRE THE HQN'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR 7" W.P, No.3^63 /2005 PETITIONERS RESPONDENTS ^y^-'-' -> ^. Ku. Joyti Agrawal D/o Late Vijay Kuamr Agrawal, Aged about 36 years, R/o. Village- Godhi Post - Godhi Th. Dhamdha P.8.- Ahirwara District- Durg (C.G.). VERSUS 1, State of Chhattisgarh Through : Secretary, Department of Education, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2. State of Madhya Pradesh Through: Secretary, School Education Department of Education, Bhopal (M.P.). .3. Union of India, Delhi 4; Collector Durg. 5. District Education Officer, Durg. 6. Block Development Education officer Tahsil Dhamda, Dist. : Durg (C.G.) 7. Principal, Govt. H.S. School Godhi Tahsil Dhamda Dist. : Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION ^FINDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS CERTIORARI AND OTHER APPROPRIATET WRITS/ORDERS/DIRECTIOS. XI-HC-78 3T1^T^>Tf^TW ^T$b^|cb ^NBNKB 3:55T »^||qidq,^Tfl^^Ko, t^dl^^< W^TgOT^..^^..^.-.^?/?^ 2,, ^i ^5icn (yt^^€r) <^! ?^<TTW^1^f^TT^T fatther 27.6.2006 Heard Smt. Sudha Agarvi|al /^1 Shri Sumesh Bajaj/^ovet 4 to 7/State. Shri S.K. Beriwal, Cen-] respondent No.S-Union of Indi^, The main grievance raise| that after the death of her hamess on 22.10.1999 whi!e Primary School, ©ondhi,Tehsil| petitioner, who is post-graduat^ before respondent Nos.6 A 7J them for compassionate appoin^ Return has been fiied on| State in which it has been on 22.10.1999 before the the year 2000. After creati| respondent authorities, as a of compassionate appointment i^i further been mentioned that the ground of delay and tatch^s, <=bi^f<n4)Ti WT^ft ffts^ft <RI^<-K ^3^T3TT^T I, Advocate for the petitioner. 'nment Advocate for respondent Nos.l <& ra! ^ovemment Standing Counse! for ^ in this writ petition by the petitioner is nameiy Late Vijay Kumar, who died in ^orking as Head Master in (&overnment bhamdha, District Durg, therefore, the ^ appiied for compassionate appointment |but her case is not being considered by ^ment behalf of respondent Nos.l and 4 to 71 that the petitioner's father died lon of the State of Chhattlsgarh in ^n of new State of Chhattisgarh the of poiicy, framed ruies for granting services of respondentsaaState. It has petition is tiable to be dismissed on ?, as the petition is beiated filed in the adrhitted forrhat mcjtter ih +he XI-HC-78 3^T ^NIcn^, ^Tfl^41<o, (^^11^^< *41<4dl Sh+lich ^ 200 3Tl^T^Tf^TW cT^T3TI^?T5h^I<t) 3iiq^i ^t^cb B^TTW^cT^n^T -^ fit4d year 2006. It wii"further employee, dying in hamess tec|\ without any means of Eiyeliho| ground. The object of the cc^i crisis and to relieve the destitution and to help it ge^ present case, the petitioner's fc|i aiready appointed as Cterk in ^l dated 3.9.1994 (Annexure R-4)| A rejoinder has been fit^ has been mentioned that tht separately with her mother application cannot be rejected. I have heard tearned As far as the first obj4 respondent-State that father before the formation of the 3 been withdrawnby learned co| now the State ^overnment government empEoyee; who considered for compassionate r^entioned that only dependents of an fing his family inpecuniary deflcit and )d, can be appointed on compassionate |mpassionate is to tide over the sudden f4mily of the deceased from financial over the emergency, whereas, in the rother namely Praveen Kumar Agarwal is |he Department of Education vide order <^NT<n41-i ^i^<rtT^'te^<Rt^i< ^31^T3n^T on behatf of the petitioner in which it brother of petitioner was residin9 and therefore, on this ground her couhsei for the parties. |ction raised by learned counsel for the of the petitioner died in the year 1999 ^tate of C.G. is concerned, the ^xme has msel for the State on the 9round that Ihas issued an order that heirs of tfied on or after 1.11.1997 shail be ^xppomtment. It is an admitted position ^ XI-HC-78 W^T^Tf^TNT cT2TF3TT^T$h^[cb \^^ TST ^ww^, ^W^, fsidl^^ ^l^dl sb^lcb ^ 200 3ii^| ^isich (lic<l^a(<^a") B^cTTW ^cT 3TT^T 3-^ that the father of the petiti working as Head Master in Go\ As far as the question her father, the petitioner im| appointment on 22.12.1999 consideration before the resp Officer and same is not yet b( year 2005, therefore, in the petition is belated. Learned counsel for t!t the respondents be directed compassionate appointment in| Now the question thatj employed as Clerk in the Edu| entitled for the compassio^ rejoinder it has been mentio his mo1+ier and not with hisl same cannot be taken to H€ appointment to her. The question regardin^ was residing separately and t|i be decided only after her died in harness cn 22.10.1999 while ^Brnment Primary School, Sondhi. f delcxy is concerned, after the death of imtnediately appiied for the compassionate ^pd thereafter the matter is pending ^p|ondent authorities i.e. District Education ^ing decided. The matter was filed in the :ircumstances, it cannot be held that the ^T^f^frr W^ff^ tec^ ^f^SK ^3?f^T3TT^?T ^e petitioner submitted that therefore, to consider the case of the petitioner iccordance with the policy. the brother of the petitioner is already ;ation Department, therefore, she is not iate appointment is concerned, in the icd that he was residin9SepGrately with father along witfi petitioner, therefore, a ground for refusing compassionate the fact that brother of the petitioner ie petitioner is not dependent on him can conduc^ting necessary enquiry by the respondent ^ XI-HC-78 T5ET ^NId^, ^Tfl^^Ko, fadl^y *11*1CTI St»*lic»» ^200 3n^T^rf<^i<=h <TSTT3^?Tsb^l<+) ^^^^(r ^ ^ 3ii^i ^5i<n (li?^q<^) ^<nw^fN';3;n^r -\- authorities in this regard. Annexure P-9 an agricufturof <=bi^F<n4iwi ^i^<nT^tel:^'<Ri<^i< ^3Tf^T3TT^T Apart from this appointment, as per tand of the brother of the petitioner in the Viltage Sodhi is there, ^he respondent authorities can conduct enquiry as to whether th< petitioner's brother or it was In the circumstances, 1 pass appropriate orders in ac] Consequently, I.A. No.F it !and independently beiongs to the lisancestral land. ihe respondents are directed to consider the case of the petitioner for compassionate appointment in accordance with the government poiicy ^nd observations made herein above and |:ordance with the iaw within a period of three months from today. With the aforesaid dire^tions, the petition stands disposed of. '48/06 also stands disposed of. Certified copy as per ruies. Sd/- L.C. Bhadoo Judge fy/t4^^ '^