r^F /^-y^ /-- wW' -! ^ i t^ \ ^^ ,V^-1) K*."** IN THE HIGH COURT OF CHHATTISGARH AT MLASPUR (C.G.l WRIT PETITION (S) N0. ^73 C OTL2009 PETITIONER ^- RESPONDENTS Ravishankar Patel S/o. Late Shri Surajbhan Patel, aged about 19 years, R/o. Dhangor- deepa in front of new Horison School Raigarh, Distt. Raigarh (C.G.) 1. 2. 3. 4. 5. 6. State ofC.G. Through the Secretary Department General Administrative Mantralay Raipur (C.G.) Secretary, Department of School Education D.K.S. Bhawan Mantralaya Raipur (C.G.) Secretary, Department of Tribal welfare, Raigarh (C.G.) Commissioner Tribal wetfare Raigarh (C.G.) District Education Officer Raigarh (C.G.) Block Education Officer Tribal welfare, Raigarh (C.G.) ' WRIT PETITION UNDER ARTICLE 226 OF THE CPNSTITUnpN OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF MANDAMUS, CERTIORARI ETC. w^^'S^''^;i.^' •''ia[^'^'^?^'s^*:'??i;^ ^ ^ HIGH COLTRT OF CHHATTISGARH AT BILASPUR PETITIONER WRCT PETITION fS) No. 5130 of2009 Ravishaakar Patel. VERSUS State ofC.G. & Others. WMT PETmON UNDER ARTICLE 226 OF THE CONSTITLTION OF 1ND1A Pr,'resent: Sh-i Amrito Das, Advocate for the petitioner. Smt. Smita Ghai, Panel Lawv'er for the State/respondents. 1. ^^. (Passed on 05th day ofOctober, 2009) Leanied counsei appearing for the petitioner submits that the father of the petitioner iiaiaely Surajbhan Singl'i Patel died on 5 November, 2004 while workin.a as Assistant Teacher, Grade III, at Prmiasy Schooi, Basnapali, Block Kharsia, District Raigarh. The motlier ofthe petitioner made an application on 08 Februai-y, 2005 stating that she was not iligible to be appointed on compassionate basis, however, liis son may elia be considered for appointment on compassionate basis after he completes his Highsr Secondary School Examination certificate. No response to the said application was received. Thereafter, 011 having attained the requisite qualificatioii, the petitioner made an application on 12 June, 2009, which was rejected on the ground fhat under tlie policy dated 27 May, 2009, the ease ofthe petitioner camiot be coasidered. Without going mto the merits oftlie case asto whether the policy dated 27t May, 2009 would be applicable when the deatli of the dece&sed employee has taken place on 15 November, 2004, the petitioner is -'; %a, pcniiitted on ms request, to make a representation before the autiiorities to consider his case afresh ia accordance with law. Smt. Ghai, leamed Pane! Laviyei- appearing for fhe State/respoadents subiiiits that in tlie event, a representation is made, the same shal! be considered and decided in accordaiice witfa law, on its own merits, as expeditiously as possible, preferably within a period of six weeks fi-om fhe date ofreceipt ofthe rspresentation. In view of above, fhe writ petition is disposed of. Sd/- Satish K. Agnihotri Judge Amit