IN THE HONABLE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR C.G. W. P. No.................131;]...... 2005 PETITIONER........ . ............ Chandra Kumar Mandavi aged 24 years son of Late Shri Devanarayan Maudavi , Sammvida Sala Sikchhak Verg -— 3. Govt. Primary School Naragaon Mohara Block Gurur, District Durg (c.G.) Versus The State Government of Chhattishgarh, Through the Secretary,School Education Deptt D.K.S.Bhavan, Raipur (C.G.) 2. The District Education Officer, Durg (C.G.) hu'i Respondent ..................... 1. 7‘3 DaqZGY E X3 “13R . i V G .Bgiwsi Rw‘lt comm w Writ Petition under Articles 226/227 of the Constitution of India. . v XI-HC—22 WW mm‘ WW 6.4.2005 ' Shri ay hrivastava, couel for e petitioner. $hri Akhi! Arawal, Pane Lyer for te State. By this writ petition under ticle 226/227 of the Constitution of India the pitioner has praed for regular ppointment from 0.5.2002 on te post of Assistant eacher. The case of the ptitioner that hi father Late Devnary‘a’neMandavi, who as orkin s Teacher at vt. Primary Schooi Naragoan, Block Gurur, did n harness o 12.5.200. Th petitioner‘s fater was he o bread earner n h n u den death f it fa i te family and on accout of s o petioner's ther there is no source of income of the tiiner family. therefore, the petitione had applied r appointment on compassiona ground. The petitioer's application was allowed and he has been appo ed as cotract teacher vide rder dated 0 5 2 re -2) e e petitior Is h o have bee appted on regula as p ileum N --4/20/1-5 dated 10'“ June, 2003 sued the try of General Adtran o m n l nt provided the applcant is qualified d aainst that 5% posts the apointment shall not be mde on dail wage, oc or contract basis. l have perused the petition // sub-clause (3) of Clause 6 Aj S m th g l aw h Ar et y a 2 h T e is s a w wg a Go e i n 0 e h t sle peto' r fo t n i t n o 2 002 (Annexu P Furth case oLth ne tat he ought t n om r asrs er o F702 Is Minis ministio Department, Govt. of C.G., Raipur. Consel fo the petitioner a ed that as per sub-clause (3) of lause 6 of the above scheme o compas nate appointme the petitioner ought to have been appointed as a regl employee and he could t hve been appointed as daily wager or ad-ho basis or on he contract bass. Sub-clause (3) of Clause 6 of the sid sche envisages that the prescribed 5% posts meant for cmpassionate appoint t shall be filled in by reguar appointme u r r u C f s o nt ua no a c t i a m i n g p a y ad h a i XI—HC-22