IV HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: HON'BLE Mr. JUSTICE SUNIL KUMAR SINHA & HON'BLE Mr. JUSTICE PRITINKER DIWAKER WRITAPPEAL N0,193/2011 APPELLANT Anupam Mishra, aged about 22 years, S/o Late Narayan Prasad, R/o Village Janakpur, Tahsil Bharatpur, District Koriya Versus RESPONDENTS 1 The State of Chhattisgarh, through its Secretary, Ministry of Tribal and Welfare Department, D.K.S. Bhawan, Raipur 2 Commissioner, Adim Jati and Anusuchit Jati Vikas, Raipur 3 Assistant Commissioner, Adlvasi Vikas Koriya 4 The Principal, Government Higher Secondary School, ' Bharatpur, Development Block, Bharatpur, District Koriya WRIT APPEAL UNDER SECTION 2 Hl OF THE CHHATTSSGARH H8GH COURT (APPEAL TO DSVSS80N BENCHi ACT. 2006 Appearance: Mr. Parag Kotecha, Counsel for the appellant. Mr. U.N.S. Deo, Government Advocate for the State/respondents. ORAL ORDER (02.05.2011) The following order of the Court was passed by Sunil Kumar Sinha. J. Heard. Appellant/petitioner - Anupam Mishra has fited this appeai against the order dated.01 .04.2011, passed in W.P.(S) No. 1748/2011, by the learned Singie Judge of this Court. By ..,^^%,. :f/!^ ;A ^SS^^^ y ^ ~Z. JJ "i:^. '^y "^a£^' ^^^K^.—- WRIT APPEAL N0.193/2011 l< the impugned order, the learned Single Judge has dismissed the writ petition filed by the appellant/petitioner, challenging the decision of the Government, bywhich, the application for grant of compassionate appointment to him was dismissed. The father of the appellant/petitioner was working on the post of Upper Division Teacher. He died in harness on 22.12.1993. An application was filed for compassionate appointment of the appellant after the death of his father. The said application was not decided for a very long time. Thereafter, ultimately, by order dated 03.09.2009 (Annexure P/6 in the writ petition), it was communicated to the appellant that the application for grant of compassionate appointment to him has been dismissed by the Government. The appeliant challenged the said order on the ground that the decision was arbitrary. The learned Singie Judge reiying on the judgment of the Supreme Court in State ofJammu & Kashmir and others Vs. Saiad Ahmed Mir, f20QG) 5 SCC 766, held that there was inordinate delay on the part of the appellant. It was observed that "if the dependants have survived for a long period of 15 years, there is no reason to grant an appointment on compassionate basis, which is de-hors the constitutional scheme of employment." Having heard learned counsel for the parties, having perused the records of the writ petition as also considering that a long period has elapsed after the death of the father of the appellant on 22.12.1993, we are of the view that the learned Single Judge has rightiv rejected tha writ petition filed by the appellant for consideration of his case for tompassionate appointment. The writ appeal, therefore, is iiable to be dismissed and is hereby dismissed at the motion stage itself. Sd/- Sunil Kumar Sinha Judge Sd/- Pritinker Diwaker Judge M^