^^- j^Z-- ^3 m THB HZGH COURT OF JUDICATURB AT BILASFSJRfC.GJ WRIT PWT1T10JS JSO/S^. °ls /2005 PETITIONBR Akshav Soni. S/o. Late Shri Ganesh Ram Soni. A^ed about 21 vears. R/o. House No. 250. Azadnura. LalitDur (U.P.} VBRSUS RESPONDENTS /^ ^^ .^t^ ^s^ .."i^\y^ ^•" ^•.•>^v ^^) ^.^w >^' ^ ^ •^' •^^' ^y Union of India. Throush its Secretarv- Ministn7 of Personnel. Public Grievances & Pension (State Reor^anizationL 3rd Floor. Lok Navak Bhawan. Khan Market. New Delhi. State of Chhattissarh. Throush its Secretarv. General Admn. DeDartment. Mantralaya, D.K.S. Bhawan, Raipur fC.G.) State of Chhattisgarh. Through its Secretan/ Department of Forest. Mantralava. D.K.S. Bhawan. Raipur {C.G.) State of Madhva Pradesh. Throush its Secretan7. Department of Forest. Vallabh Bhawan, Bhopal (M.PJ Principal Chief Conservator of Fore-st, Raipur fC.G.) Forest Conservator. Jasdalpur Circle. Jagdalnur. District Bastar (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUJWCB OF WRIT IN NATURE OF CBRTIORARI. MANDAMUS. PRQHIBITIOW AND OTHBR SmTABLE WRIT OR WRITS. DmBCTlON OR DIRBCTIONS. ORDER OR ORDERS: XI-HC-22 '^n^r'^f f^Ti?F3Tlt?T 5h^ich ^[^a -h ^"5? ^TPT?^1ZT, ^Tl1^^S<o, [®S<ni^ll< 3TT^?T 1q^? \^~ ^ilH^fT^NSch 200^- '^^T' ^T^T '^TTW ^rf^T 11-5-2006 Mr. Ashish Shrivastava, couns^l for the petitioner. Mr. Ashutosh Singh Kachha\j/aha, Govt. Advocate for the State/ respondents No.2,3, 5 & 6. Heard both the counsei. So far no return has been filed By this writ petjtion underArtic| the petitioner has questioned validityl 10-6-2003 jssued by respondent No.| expired on or after 1-11-2000 for com|| was working on the post ofAssistant and he died in harness on 4-8-2000 <^l14f<rt<flrl 'WT^Tf "^ 1^T^ <r^^l< ip'^rf^fH 37i^T >n behalf ofthe respondents. le 226/227 of the Constitution of India, and correctness of the circular dated ?. whereby the State Government has decided to consider the cases of {eg|a{ heirs of those employees who had assjonate appointment. The case of the petitioner is t|iat his father Late Ganesh Ram Soni Forest Rangerin the Office of Deputy Divisional Forest Officer, Geedam, D^ntewada Forest Division, Dantewada, at the age of 51 years, leaving behind his wife Smt. Vimla Soni, daughters l^um. Suman Soni & Kum. Sharda Soni and the petitioner. The petitioner appjlied for compassjonate appointment on 14-9-2000, which wasacknowiedgetll by the OfRce of Dantewada Forest Divisjon, Dantewada. The petitjoner ^lso submitted the required documents on 6-11-20CX). The petitionersent | representation to the Principal Chief Consen/ator of Forests, Bhopal. l|slow after formation of the State of Chhattisgarh, the State of Chhattisg^ which it has been prescribed that any| 1-11-2000, the legalheirs of suc compassjonate appojntment. It is admjtted position that rh issued circular dated 10-6-2CX)3 1n t Government emptoyee died 6n or after employee will be considered for Government has reviewed it earlier after fifjng of this writ petition, the policy and has fcaken a decision to XI-HC-22 ^^ ^tl^M^, ^Tli^^Ko, [^<y11<i^< 317^T "q^? ...(^...^B...^^.^/ ^•^-"'"^•^•'M/ 20° ^ ^6 WRC^T^HI^ 'f^^T' ,3TT^?T'^T fqii^ 3n^?T ^^ich ^if^a y -yn^r '^ff^ ^rit^ —2- poljcy jconsider the cases three years prior tc| |legaJ heirs oftthose State employees wl^ose |1997 strictly in accordance with the jof an empioyee. Therefore, leamed counsel fo|r jrespondents be directed to consid^r jcompassionate appointment accordingl [father of the petitioner died on 4-8-20001 The prayer made by learned jreasonable. In the circumstances, |the case of the petitioner fortcompassio|nate |the policy prevalent at the time of the d^ath Ipass appropriate order within a period of With the directton aforesaid, the In view ofthis order, I.A.No.1 Parties are entitled for certified ^ the petitioner submits that tiie the case of the petitioner for to the new poltcy decjsion, as the cotlnsel ct)i^f<n41i 'w^ff ^ ^S <psi^K iT'srf^TH^n^r the reorgantzation Le.the cases of death occurred on or after 1-11- prevalent at the time of the death for the petitioner is just, fair and resfcondent No>3 is directed to consider appojntment in accordance with of the father of the petitiorier and three months from today. ^etition stands disposed of. also stands disposed of. c<jipyofthjsorder. .7549/2005 Sd/- L.C. Bhadoo Judge ['cit^ ^fo^