\ XI-HC-22 s <3^5T ^i<4m^^ ^^y^^iy ^<sa<yiy 3TT^?T ^R^ _..,^.:t..R.o; WH^IF^NS^ 'l^ff' -STT^l^T I^iicn 3?n|^T s^yicft 'yfia 04/07/200 ^ '--y ff^T ^T^T^^TTW ^rf^? TT 4)N(d^lrt 'RTR^f ^ 'fex^ <Rn^K ^ 3ri?OT 3^T 8 Petitioner smt; Bhun bai sahu is j)resent in person. Smt. Hamida siddiqi appears as Shri Goutm Bhiaduri, Govt. advo^ate, for fhe state. With the consent ofthe parties the matte|r is finally heard. The petitioner's husband Deo|das Sahu was ser^ing as Assistant Teacher in fhe Govemment ] Deodas Sahu died m hamess leavingl minor children namely Upasana aged Sahu, aged about 5 years aad Itla aged a1] The petitioner after the death of her class. She passed the exatnination aad I| lae. ISchool. The husband behind wife and fhree ^bout 10 years Dronesh ^out fhree and halfyears. |usband appeared in 5tfa |aving acquired requisite • qualification applied for compassio4ate appomtnieiit. The District Education OiBScer has rejected] compassionate appomtinent made by tt that she has applied for after three mo+ifhs ofthe death ofher husband. Deodas Sahu died on 8.7.2000 made along with all documents on 15.^ the School recommendedon 20.2.2001 office ofeducation ofl&cer on 22.2.20C appeared in person with her mofher sub! repeatedly approaching the ofiScers appomtment after the desfth ofher husbaj about fhe fact that the application was |the said application for |e widow on fhe ground The application was .2J.2001. The Principal of I. Itwas received iri fhe. |1. The petitioner vdio faiitted fhat she had been conc|emed for compassionate (id, she was not infomied to be made within fhree FT^ ^Ra^ \- 7 ^.1 .1 •/} vi .11 '^s -i8 i^."- M-HC-22 ^•... a^?T^T f«c|b3?n|ST ^RW^ft^ ./..—^,z^.., V tSHET^8^S<v8<4y W^ra^^ ^SR?!^ s^^ '^s(^ HlN^ai'^W^*'"'***'** ""<*a*a<"""<**<<<9<^I^ 199 \^ 37?^?[ ^<n^f< ^rf??T Gbl<4t<n<^rf *1H<vlf "^ t^x^ TPn^K ^3^R3?IT^T months. She submitted that one Nandfan Bhav a clerk, in fact harassedher. The petitioner has produced b< written by the Collector Rajnandgaon ditectmg the department of Lok Sikshan Sanchanalaya wherem th^ ^fore this court a letter collector has noted fhe plight of fhe petitioner and found her |to be absolute helpless. She has no source ofmcome to maintair<herselfandthe children. Taldng into consideration fhe facts and cjircumstances ofthe case fhe delay which has occurred is bona fi^e and her case deserves to be considered sympathetically | fcr appointment on compassionate ground. This letteris da^ed 20.4.2001. The state did not take any step and as such the pe^tioner submitted a letter petition before this Court aad fhis Ccjurt passed an- order on 1.6.2001. Smt. Hamida Siddique appeaijing as Amicus Curiae submits that the compassionate appoi|atmenf is a benevolent provision andhas been made with fhe c|bject that after the death of the govemment employee, his deij rendered destitute. The petitioner's tfusband has died in fhe young age. She herselfis young. She 1| The Collector Rajnandgaon being satis:ped submrtted the report to the Govemment; Smt Hamida 9 endents should not be las three minor children. iddiqi leamed counsel appearing as Amicus Curiae, submits [that fhe period of three monfhs fbr subimssion of the applic^tion for compassionafe [Tft^ ^Ra^ '^ ..^ ^; •,li -9.'a "'I-'^ •t^ri «-. . XI-HC-22 <3^^8^i^^,N^y^^^^^ 3?T^T 'q^^ -\ sn^r'^T ^i5h S^l 5^<-ticft <ii^a -•••<t:)-^«.' W^I^IT'^NS^ "^ 199 'l^^ff' ^R^T^^TWHf^T -<s- appointment deteats the very object. In the authority to infonn fhe heirs/ <=hl^(<vl^i1ri +lH<?iT'? fe^l <Fai^R '^3rf;OT3^?r ^ny case, itis fhe duty of 1 dependents and legal representatives about it so that thoy ma^ have knowledge. It is contended that due infQrmation and notijse about it pughtto have been giveri. The family ofdeceased suflfers gr<e^tsetback due to death ofthemameamingmemberofthfefamily. It is stated that Chhattisgarh is a Tribal state and citizei]|s should not be deprived of their rights in such a manner. The| failed to notice fhis. Havmg heard the petitioner and appearing as Amicus Curiae, in fhe opin and proper that the delay in submitl compassion^te appointment is condone with the concemed authority that is Dist{ict Education Officer. It is directed that the State of Chhatt Educarion aad fhe District Educattc D.E.O. and authorities Smt. Hamifla Siddique |on ofthis Courtitisjust |ng the application for ^. The entire papers are sgarh, Director^ of fhe >n Officer vdioever is competent shall consider fhe case of f(ie petitioner as 1early as possible preferably within a month fi-om|the date ofthe receipt of the copy offhis orderpassedbythis Coiturt. The report aboutfh^ action taken on the application for conj made by the petitioner shall be sub^nitted to the Registrar General offhis Court. The aufhorities wifh the complainf made agamst S^ Na|ridan Bfaav regaidmgte harassment of fhe petitioner: T&e St^te and its officials are directed to consider as to whetherthe sc< Lpassionate appomtment are^also directed to deal ^called period ofmaldng [tft^ ^fa^ ^ /—;: XI-HC-22 't ;V. /' ^n^r^T '^TF^STlt^T ^HW^Tl^cT -^.,L. -"-^ t3%T '<i^j<yi^ 'W^y^i^ ^<s(<d^ 31T^T ^^^ 'Wq^T'WW^"<>'"*'*<*<"o*B<*<*a^"6"a""a'<^ 199 'fN^T' 3:n^FT'FcIT^ ^f^T -^ application within 90 days and rejection] hyper-techiiical ground is justified. fii ^ny case, due notice and information be provided to fhe heirs deceased. Their dues shall also be paid is cohscious offhe facts and circumstan cM<<it<n<Tl<i ^H<A "^ ?^^ 'rf^5R ^3R^PT3?n^T ofgenuine case on such and dependents of fhe i in time. The New State bes that have been stated <&'\oA< by the leamedfcounsel. This cpurt apprejciates fhe gesture showa [( and fhe fair stand taken byX^ounsel present will be ^xamined by fhe State an|d its officers keeping fhe very object in mind. Subject to what has b^en state^ above,this petition is allowed. aad hope that cases like 3|)reci2 Before parting, this Court ap^reciates fhe assistance rendered by Smt. Hamida Siddique v^io appeared as Amicus Curiae to assist the Court in deciding fh^s matter. Copy ofthis order be supplied [o the Stafe Govemment and Amicus Curiae and State Counsel JGree ofcost. A copy of .^ - - .. . . x - .. 1 .'• this order shall also be sent by register^d post to the petitioner free ofcost. Sd/- 1 Fakhruddin i Judge | ^\/^ c^>_ ,^y ' _; /''.o^^v-y^^/ r- [^ft^ ^Rsi^