c^ IN THE HON'BLE HI6H COURT OF CHHATTIS6ARH AT BILASPUR (C.G.) Writ Petition (S) No. /2011 PETITIONER RESPONbENTS ^.l--"^'" ^l^ ....-•":.^^>" A?'"'^ /-" Het Ram Kewat S/o Late Khedu Ram Kewat, aged about 29 years, R/o Village Banahil, Post- Parsadih, Tahsil- Bilaigarh, Distt. Raipur (C.G.) VERSUS ^ 1. State of Chhattisgarh Through - The Secretary Department of P.W.D., D.K.S. Bhawan, Raipur (.C.G.) 2. Chief Engineer, PWD Raipur bivision, Distt. Raipur (C.G.) ^ 3. Sub Divisional Officer, P.W.t>. Bilaigarh, Sub Dn., Distt. Raipur (C.6.) 4. Executive Engineer PWD Baloda bazar Division. Oistt'. Raipur (C.6.) WRIT PETmON UNDER ARTICLES 226 OF THE CONST»TUTEONOF INMA PARTICULARS OF THE PETITIONEMS) :- As per cause title. K ^.. t'- HIGH COURT OF CHHA'ITISGARH AT BILA8PUR WMT PETmON (S) No. 1397 of2011 PET'mONER RESPONDENTS Het Ram Kewat. VERSUS State ofChliattisearh & Others. 2.. W'KIT PElinON U'NDER ARTICLE 226 OF THE CONSTmjTION OF INDIA SB: Hon'ble Shi-i Satlsh K. Agnihotn, J. Present: Shri Ashok Patil, Advocate forthe petitioner. Siiri Y.S.Thakur, Deputy Advocate General for the State/ respondents. QRDER(ORAL) (Passed on 16th day ofMarch, 2011) 1. The oetitioner seeks a direction to the State Goverament to consider his applicatioa dated 05.04.2005 (Annexure P/3) for appointment on compassionate basis. Accordiag to learned counsel for the petition, till date, no decision has been takea on his application. Indisputably, the fatfaer of the petitioner, while working as permaaent employee in work-charged establishment, died on 13.10.2002. Thereafter, the application was made after a period of more tfaan two years. The policy dated 02.02.2006 with regard to appointment on compassionate basis, issued bv the General Admimstration Department. Govemment of a Chhattisgarh, whieh is prevalent as on date, provides for making an applicatiQn withia a period ofsix monfhs from the date ofdeath of the employee. In the case on hand, the application was made after a period ofmore than two years. 3. It is welt settled priaciple of law that the appoiatment on compassionate basis, beiag dehors the provisions of law and tbe %i€^ r...,«-'->: & ^...;y ../ 5. constitutional scheme of employment, has to be considered strictly in accordance with the policy framed by the State Govermnent. In this case, ifthe time has been prescribed, the application has to be made within the prescribed time and not beyond that and as such, no direction can be issued to the State/respondents to consider the application of the petitioner, whicfa is not in accordaace with the policy and the time prescribed under the policy. Thus, the petitioner is not entitied to any relief, as prayed for in this petition. Accordingly, tbe writ petition is dismissed. ^•^ Judge Amit