(1) 'aBBna p. ^,..,^ ^ii^&.^i V x • /''?a8g "L IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. N0.-3 ->^--t~ / 2005 PETITIONER ^ /" ,\\5S...--;'^- ..-;<^1-':-"' -...••ti.sy1^-" ....- . •^-"^rsf^- ?^^^ '^•'" RESPONDENTS ^ql!Ir?^. '.. .^"^-v" ^ f< ;T73?*~y ^-.-~.~.1. .^ ^- l^M m u,.^s WRIT PETITIONER Laxmi Bai Yadav, aged about 30 years, W/o. Late Shri Baldau Yadav, Village and Post- Kanki, Tehsil Tilda, Raipur District- Raipur (C.G.). VERSUS ' 1. '• State of Chhattitsgarh, Through Secretary, Water Resources Department, D.K.S. Bhavan, Mantralaya, Raipur (C.G.) -2. Sub Divisional Officer, Sub Division No. 5 Kanki, Water Managerment No. 5 Kanki Division, Baloda Bazar, District- Raipur(C.G.) UNDER .^.t- ARTICLE" 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE QF A WRIT IN THE NATURE OF MANDAMUS, PROHIBITION, CERTIORARI ETC. OR ANY OTHER DIRECTION QR^RDER TO DO JUSTICE IN THE MATTER To, XI-HC-2; •3iR?iti-f isr-aii^! ^T?TN?'Rf?^ -s^i^spiiv^, 's^tOT®,Tg^irey ^^} ^^;.^o.^^7/5^- 208 snt^f'^Rnw: •gftg c^^j^^E", <-j;-j^i u, t^t<i <i^ ^i'SlPOTSiRg !-12- Otwiani. Sllri Sunfl ShriVivek SNana, Application 1.4. Heard. • The petftioner] the Constitution of t appomtment. The petitioner'l fhe post of Chauiddai| during. fais service. D^ death of her husbabd, compassionate appoii|itment aanexure P-2. Counsdi .died during gen'ice, 1( per Annexure P-4 a^ .^nnexure P-5 in the not been giveai emploj respondente to give Leamsd Govej exanrined .as earh7 as appointment, she wffl ^e, Tliis Court in Siddiqm reported in the problems regardin^ coynsel for the petitioner. Ema, Panell.anyer, for the State. . No. 9444/2005 is aUowed. has ffled 1his petition under .•Vrticle 226/227 of lia prayma for a direction to give compassionate InBia 'ls husband namelv Baldau Yadav was worldna on under respondent no. 2. He died on 20-7-2005 >^afh Certificate is Annexure P-1. On account of the petitioner applied on 17-8-2005 for before the respondent no. 2 as per submits that dependants of other persons, viho ^ave been ^'en compassionate appointments as the Water Resources Department and as per Piibtic Works Depai-tment, but fhe petitioner has hvent- The reiief claimed is for a direction to the cotipassi(>nate appomtmentto tfae pstitioner. tmnent Advocate submits that the matter will be Ipossible and if she is entitled for compassionate aven. the case of Smt. Bhunbai Sahu -v- Smt. Haimda }002H) C.G.L.J. 257 this Court has h^Miglited compassionate appointment and direetions have [Tft^ ^r^4' 's/'T TJT/^ 1'^--. -s^ '•Wvff, 'srftwi®,t^frey sntn'^T fe'-itqisn^T snt|i*^!f?B fc •' ^.. 1 pst^h^ y-J:'^^ ^^ w ' ^ '.<x ^^^^^ 200 sii^t^Rnw^ilta —'"L- been issued. It was hi d>l'li<"i^-1 tfTtRfl ^ fS^ •(fSreZR •qr sif^ 3lK?f yd that the compassionate is a benevolent proi.ision and has been rjiade with the object that afler the death of the govemment employee, t^ It was fiirtfaer direeted fhd There should notl ,t tfae petitioner should not be harassed. be anv delav in such cases as the delav defeats jusrice. No useful. pu|rpose would be sen''ed in keepina such appMeations for compassjioaate appointments pending. They should be decided as early as possitfle. Hav-mg consideretl fhe facts and circumstances of the case and material on record, it i; decided as early as poss directed that the case of tlie petitioner be fble preferabty within a period of ons month from the date of produ4tion/receipt of a copy 'of tbis order. ff sbe is entitied for compassion|ate appomftnent, sfae should be given the appointment and in cas spectf^' the reasons and address. The petition is ac] to file a&esh in oase enevfance stiU remains. Certified copy as s dependenfs shouid notbe rendered destitute. she is not entitled. then the order should copy.be supplied to her free of cost at her ;ordingly disposed of at this stage with Bbem' |)er rules. Copy to State Coitnsel for compiiance. Sd/. Fakhruddin Judge [Tit^tf^