E5.!teis?n,'s Rani*! 'a^^^l^ ;^ ^ s ^.| IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT APPEAL N0. \^ /2010. APPELLANT: PETITIONER: Reshana. Lal Saijaal, son of Late Sukh Sai Sarjaal, s^ed about 23 years, residence of village Kokiyakhar, Tahsil Patthalgaon, District Jashpur, Chhattisgarh. versus Respondents ,'-''/le^v/ ^'^sy o/^iY l." State of Chhattisgarh, through Secretary, Department of Tribal ^•'Welfare, Raipur, Chhattisgarh. ; 2. Assistant Cominissioner, Tttbal Department, Jashpur, Chhattisgarh. CoUector, Jashpur, District Jashpiir, Chhattisgarh; Block Eklucation OfBcer, Patthalgaon, District Jashpur, Chhattisgarh. 3. 4. WRIT APPEAL UNDER SECTION 2ffl OF THECHHATTISGARH HIGH COURT (APPEAL TQDIVISION BENCM ACT. 2006. ARISING OUT OFQRDER DATED 9.09.09 PASSED BY HON'BLE SINGLE BENCH. IN W.P.(S) N0. 4861/2010, RESHAM LAL SARJAALVERSUS STATE OF CHHATnSGARH ANDOTHERS, Being aggrieved by the^order dated 9.05.09 passed inW.P.(S) No.4861/2008 by the HonUe Single Bench of this Hon'ble Court, in which the writ petition preferred by the appellant/petitioner for grant of compassiofiate appointment has been rejected. The certified copy of the order dated ^.04.20|iq is fllfid herewith as ANHBXUREA-1. '^. od)"OB> ,fc-' lIIGHCOURTOT'caiHA'rTlSGARH.Bn.ASPUR DB: IIO BEBI.M.QOI>DUSI& HON'BI^l^K, AGAiniBAI^ JJ 'WSrFMPFEKLWo.l'iOGFWilO Vs. llinUT AMREL^ UNDfl^y^^^^^^^^S^^ CHHA^'I'ISGftR&NHIGH COtrnT^ (^^ SEW^Acyt.'woe ;::::: -: :'.. APPEARANCE: Mr. C.J.K. Rao, coynsel far llieappellant. MissDeepali Paadey, counsel for fhe 'n6.1.'::j/..;-:\-.'.^-'\1';:-S?l:'^:.'' ^i'r.iOKKZGntot PerI.M.OuKDUSI 1. HeardonI.A.No.1/20 lO^anapplicatkin^te of delay m filu^ fhe appeal. C^^ that there 1s delay ofl90 days. 2. HaviEg heard leamed coiiasel fiM- the partles and for fhe reasons stated In the application, the delay irt iilulg fhe appeal IsGondcxned. The applieationis aUowed. 3. HeardflnallywIththeGc^entoflfiarnedcounselforfhe partles. ' , ' \ ';.::; . ! •I. • : " .4; This writ appeal has been filed against the ord 09,09.2009 passedbyfheleamedSmgleJudgeinW.P (S)NoJ4861/2008 <33teimuig ccmipassioiiate app^ wherebytKesaMwxTtpettti.onIlasbeendisunssed. APPEIAANT ResllainLalSarjaal RBSPONDEatTS StateofCUhattisgai'hand 3 ofhers 5. Brief faets of ftie case are fhat late father of writ appeUant was worlang as Assistant Teacher in Tribal Deparfment, who died in haniess on 22.10.2003. At that tiine the appeUant was muior. Though it is alleged that he Iiad applied for compensate appolntment but he was not entitled to get the appointmfint as'&e was mmor at that time. Agaln when he became major, he moved an appUcation for eompensate appouitment in fhe year 2006. The leamed single judge dismissed fhe writ petition oft the wrrt appellant on fhie ground that after lapse of about 3 yeaTS, it eannot be said. fhat the 'family of the deceased was in distress conditkm. 6. On scrutuiy of the dociiments ffled alongwifh the writ petition^ we find tl^ Che appel^nt^^^^l^ elder bTother whb was major at tl^ time^ cteath 6f the deceased and further fhe Inccmie Geillfieate annexed^^^^ ^ applicatipn show^s tha^ftie.familywa&h^^ ofI?s.l,G5^Q/-peryear.^T^ hot inclined to interfere witK £he impT.^ned ord^ the leai-ned su^le judge^ rather we cQnfirm fhe same. 7. The wrtt appeal is miscQnceived artd is fherefare dismissed, at fhe raotion stage itself. Sd/- I.M. Quddusi Judge -./ u Sd/- N.K.Agrawal Judge Rao