<tf(t tf fc^::?: >^^v^^t'L ^^^s^^ IN THE HIGH COURT OF JUDICATURE CHHAHISGARH AT BILASPUR •^:. W.P.NO. 8^3 / 2006 PETLTIQNE^ / Rajbir Singh Vishth, S/o Late Shri Bhagat Singh; Aged about 23 years, resident of C/o Sunil Singh Rawat, New Colony Sector No.1, Quarter No.525/3, Jabalpur (MP) Versus RESPONDENTS / 1) State of Chhattisgarh Through the Secretar/, Home Department, DKS Bhawan, Raipur, District- Raipur (CG) ^ /2) The Director General of Police, State of Chhattisgarh, Police Headquarter, Raipur, District - Raipur (CG) 3) The Assistant Inspector General of / Police, (Admn.), State of Chhattisgarh, Police hlead Quarter, Raipur, District-Raipur(CG) /' 4) The Commandant, 6th Battalion Chhattisgarh Shastra Police, Raigarh, District-Raigarh (CG) A ^'~ WRIT PETITION UNDER ARTICLE ''OFTHE CONSTITUTION OF INDIA r ,-''y' )t .'• ( h W. I'L V w^ HIGH COURT OF CHHATTISGARH AT BtLASPUR WRIT PETITION N0.843/2086 RajbirSjngh Vs. StateofC.G.&ors. ORDER s; HIGH COURT OF CHHATTISGARH AT BUJkWtIR WRtTPETITKW NOS^t2W Rajbir Singh Vs. ^ State of C.G. & ors. Shri P Diwakar, Sr. Adv, with Shri Kunal Das, Adv;, ftff the i^titioner. Shri Satish Gupta. Dy Govemment Advocate, for the State ORDER Per Hon. Fakhruddin. J: The present petitfon has been fited by the petfttona' under Artlcte 226/227 of the Constitution of India for quashing the orcter dated 6/4^XE (Annex-P/4) issued by respondent no.3 and order dat«l 2B18121XS4 (Annex.P/5) issued by respondent no.4. 2. Brief facts of the case are that the petittoner's fether was servhg In 6*^ Battalion, who died on 30/8/1999 whfe io savice. The death certificate is Annexure-P/1 The petitioner applied for ctsnpasskmate appointmeit before the respondents. The prayer Tor compassfonate appointment wss denied vkle Annexure-P/4 dated 6i4/2002 on the ground that the petitioner has passed the High School Examination from the teard of Higher Secondary, UttarPradesh. The petitioner agam made a detailail submission, which was replled vkle Annexure-P/5 dated 26/8/2004. 3. Learned Senior counset appearing for the petltioner ajbmits Vhst since the petitfoner's father was the Member of the Force andwas posted in the fletd, as such his family members were residingaway frwn him in Uttar Pradesh wrtiere the chikiren got the educatton. He further submjts ^hat merely because the petitfoner has receiv^l the education in other >,•' State, the prayer for compasstonate appcrfnfenent cannot b& derted; He ateo submite that even ottwrwise as per the polk^ of the State Government, the petttioner te entitled for the comp^fonate app<»ntm«*. '^ ^ He also submits that the financlal conditton of the petitloner is very poor and they are facing hardship. 4. Leamed counsel for the State on the other hand submits that though initiatly there was a circular for not provkBng the eomp^sionate appointment to the persons who have passed the High School Examinatton from the other State, but now the State of Ghhattegarh considered it on 5/3/2005 and the doubt In anybody's mind has been removed. He referred to the Orders ofthe Stateof ChhatU^arh. 5. Perused the record. The petitioner's father was serving in ^* Battallon, who died on 30/8/19M whfle in sefvtce. The p^W'kmerapplted for compasstonate appointment before the resptxictents. The pra^r for compassfonate appointment was denied vide Annexure-P/4 dated 614/2002 on the ground that the peUtioner has pas^d the High School Examinatton from the Boarct of Higher Secondary, UttarPradesh. The petitioner again made a detalled submisston, which was replted vkte Annexure-P/5 datal 2618/2004 that the petlUoner's appNcrtkm for compassionate appointment was forwarded to the Deputy tnspeetor Generat of Police, Bilaspur on 22/11/2001, from there to the It^spertor General of Poltee, Bhilai and frwn there to the Addl. Director General of Police (Admini^ration) on 18/1/2002, wherefrwn the instru<*jons ware received that slnce the petfttoner has passed the High School Examination from the Board of Higher Secondary, UttarPradesh, as such he is not eligibte for compassionate af^ointnrent. 6 The circular dated 5/3/20)5 Is also perused, wWch goes to show that if the children of the deceased emptoyee got tte education in the State other than the State of C.G., then also they wll be called tocal residentsof Chhattisgarh Thecircularis pertinent, wrtifeh r^ds as under »«fl'W<^WWT tllWtl S1711fi1 ffW 'f^lcil, iWT <l>vill»l ? ^W, W»g74830)1 VfTV 180/1-138/WQ4/1-3 W^f^W OS irrf.ZOOS vKt, 911'H'I ^ WKff fiW, WEgiHE waw 9°»% WWRT R*iinitiim, «^W<»^dc'< WKff g®yW^fWvH ill^lW'Qffvieil VWff). 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Sllffll ^^arvT/^vr »7?ri? fttw ^' ^w if^vsr ^ s»jw/< 'Hiwi'n 'Hfilsi'f ^t wi<fiiiS V^ 1 6. 3VS: 31^'ffl ^g/Sd ^ »<tK!ul ^' Wl^tV f^tl'tR W PltffW <%W dW^dri ^8^8' ^ srasw it' fi?w uw^/ ewr/- (^KWIW^W^) agy 'iifiiii, wnflw*/? yiitif.tiiii'ti »yi'tiiOWT 7, The above circutar bearing No-180/11%^004/1-3 Ralpur dated 5-3-^05 has been issued by the Govemment of Chhattisgarh, General Administration Department in respect of accepting the educatton obtatned from outside the State in Govemment service for local reskjents of Chhatttegarh- This circular was issued pursuant to guldance sougW by one of the Departments in the matter of compasaonate appointment on the ground that the son of the deceased Govemment employee obtained educ^tlon from other State outside the State of Chhattisgarh, then he \cnsy be appoirrted in Govemment service or not. *lt is stated in the \'""^ ^^ • circulardated 5-3-2005 ttetthecirculard^al l^ued'fnregai'et to definition of tocat resfdent has be»* amended by drcyla' dated 18-8-2003. TherearetwotypesofcCTidftkMisin^ra 1 oftheciroufar, on 'f.' futfilling of them the person wtll be trested as local readsrt of Chhattisgarh One of the conditlons is regarding obtefntng ^lucation in the area of Chhatti^arh But in para Softhesaid Circular, nocondiBon te menttoned: Para 2 says about(8) the officers aml thelr vrives/hustends or children of All India Services wtw are allocated to the State of Chhattisgarh; (b) offteers/employees of the State of ChhatWs^riii and their wves/ husbands orchikiren; (c) pereons and ttwirwives/hustemte or chfldren, who are appointed by the President on Constituttonal or Statutory posts; and (d) office bearers/Officers/emplo^es and their wh/es/hustends or chiMren who are posted in Board, Corporattaior tlw Institutfons esfaMished under the State Govemment It is further statal in the circular dated 5-3-2005 fhat it is ctear ftom the above that Wwclassof persons merrtioned in Para 2 of the Circular are recognized as tocal resUents of Chhattisgarh- It is not necessary for them that they fulfilt the conditions of Para 1 of the Cfrcular, viz: if they have not obtained any educatlon In Chhattisgarh, then also they will be called local resfdente of Chhattisgarh- It is also stated in the circular that the Department, whteh had expressed its doubf in this suyeet, suiteble guidance hss been given to that depsrtment. In para 2 of the circular, situatton has been c^red so that no other department may raise such a doubt The ciroular dated 5-3-20)5 also states that fn manuals of the De(Mrtments/Service Recruitment Rules there may be a provlslcn in respect of appointment that the candidate had obtained the educatfon in Madhya Pradesh/ ^Chhattisgarh If such a provision has been mentftmed^ then the said Sx c?"~ y^:'SsW:SSSSSi9SSS91i ''£l'yWWSiiSsSSii!SSSBS aa department shatt inlUate the proeeeclBtgs?ftff anFw^pnent 'W^e^ewSW, the matter of comjMssionate appeintnient, assessment of local^ff KteBts^ shan be done in the tightofthe abovementJoned^condilteinsotciroalaF: 8. tn view of the clrar instructlons Issued fey the State Qovwnment vlde circular dated 5-3-2005, the order refuslng to tssue app^ntment order to the petittoner on the ground that he has studied In Uttar Pradesh and as such not entltted forappc»nhnent,is notsustainable 9 We are Iwing in the natton wrtiere the person has nght to get the chiidren educated anywhere in any State. Even otherwi^, fhe very object of compasstonateappojntment is to enable the family to Ude ow the sudden crisis. The Apex Court has dealt writh the matter in the case of Stateof Mantowvs. Md. ^tefaocffn reported in 2003 fftSCC Sff has heWas under •- ".... The iwrpose af prowctfnsf appoinfment on compassfanate groyncf is to mitigate ihe hardship due to cfeath offfie fcreadwAtner inWelwnity. Sucft appofrtments stoufcf, ffierefere, hepivwQwt immediatefy te redwm ttw femffyffl dfsfrBss." 11. The matter has been pencling since fong without justiflabte reason tn the instant case the appointment has been denfed and U% petittoner has been deprived ofthe benefit of Mmpassionate appointment There is no justification in rejectlng the apptteation for compassionsrte appointment on the ground that the petitioner has passed the High Schoot Eieminatton from the B(»rdof Higher Secondary, Uttar Prac^h l.e. from other Stefe. 12. Accordingly, thte petttfon is altow^d with costs. Order dated 6/4/2002 (AnnexP/4) issued by respondent no.3 and order dated 26/8/2004 (Annex.P/5) issued by respondent no.4 ares^taside^ Sd/- Fakhruddin Judge Counsel fee as per scale.