/ O? §6b% IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.r. s No. z§% 201 PETITIONERS : /1. Santosh Kumar Tiwari S/o (late) Radheshyam Tiwari, Aged about 3y. years, Presently posted as Shikshakarmi Grade- III, Middle School, Chainpurbasahat, Block Katghora, . District Korba (C.G.) L /2. Ranjit Singh Phuleshwar S/o (1ate)5!ri w; Singh smr Phuleshwar, Aged about333Iears, Presently as posted Shikshakarmi Grade-III, Middle School, Chhalaripara, Block Pali, District Korba (C.G.) Sanat Kumar Prajapati S/o (late) Jairam Prajapati, Aged l about 3?years, Presently posted as Shikshakarmi Grade—III, Middle School, Bandhakhar, Block Pali, District Korba (C.G.) / 4. Shiv Kumar Kaiwart S/o (late) Heeralal Kaiwart, Aged about 3:. years, Presently posted as Shikshakarmi Grade-III, Middle School, Pondi, Block Katghora, i District Korba (C.G.) / 5. Hemant Kumar Sahu S/o (late) Ram , Aged about 2‘5 years, @CF Presently posted as Shikshakarmi Grade-III, Middle School, Chainpurbasahat, Block Katghora, District Korba (C.G.) VERSUS PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. .. .. .. . . . .. ... RESPONDENTS : A. State of Chhattisgarh, Through Principle Secretary, Department of General § Administration, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Secretary, Department of Tribal Welfare, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) /3. The Commissioner, Tribal Welfare, Raipur (C.G.) /'4. The Assistant Commissioner, Tribal Welfare, Raipur (C.G.) /5. Chief Executive Officer, Janpad Panchayat, Pali, District— Korba (C.G.) / 6. Chief Executive Officer, Janpad Panchayat, Katghora, District- Korba (C.G.) WWWOMW/W Hi zoo mam (Wu) mwt‘aaia: wmm ' mm wm mmm %mm WWW ,- 13-05-2011 Shri Sanjeev Kumar Sahu, co el for the petitianets. Shri N. Naha Roy, Panel Lawy for the State. Learned couns’el for the pet‘ oners submits that in view of policy of compassionate appointment dated 1 06/2003, which was in force at the time when the petitioners were given com assionate appointment, they were entitled to be appointed on any post of cla 3 or class-4 in regular establishment. Learned counsel for the petitioners su mits that they’were given compassionate appointment on the post of Shiksha arrni, Grade-lll by way of compassionate appointment. Learned counsel for the etitioners submits that the post of Shiiwha Karmi, Grade-Ill is not a regular post nd the post is likely to be abolished after completion of the project of Rajiv Gan hi Shiksha Mission, a time bound project. On the other hand, submission of learned counsel for respondents is that a perusal of circular dated 10/06/2003 Annexure P/2) clearty shows that the post of Shiksha Karmi is a post borne in th regular establishment. There is no other material on record to show that the‘ post of Shiksha Karmi, Grade-Ill is a temporary p However. it would be open for the petitioners to approach respondents N .3 to 6 to bring this fact to their notice and raise such claim for appointment on a reguiar post in accordance with the policy of compassionate appointment. ln case, such representation is made, the concemed authority shall take decisi n expeditiously on such representation in accordance with law. ’ Sd/— Manindra Mohan Shrivastava Judge u s o .