c '•^ ot^ !NJ'HEHIGH_COURTPF_CHHATTISGARH AT BILASPUR (C.G.l WRIT PETITION N0. /2004 PETITIONER ^ i-^ <k"' ^>sy. ^'"^A" ^y"''^ Devesh Kumar Sharma aged about 30 years, son of Late Bali Prasad Sharma, resident of - In front of Collage-Pithora, Distt. Mahasamund (CG) y '^ ^ •^•'" RESPONDENTS VERSUS 1. 2. 3. ^^^^^ -sflj V''"..^^; '.'.' ^' ' ^,'.^-'^ .^' .^•^- '^v\. .'--''• 4. ...^'"•^ The Union of India, through : Secretary, Ministiy of Home Affairs, New Delhi. State of Chhattisgarh, through : the Secretary, Department of Forest, Mantralay (CG) State of Madhya Pradesh, through : Secretary, Department of Forest, Vallabh Bhawan, Bhopal (MP) The Collector, Mahasamund (Chhattisgarh) >WRIT PETITION UNDER ARTICLES 226/227 OF THE •^^ s>" CONSTITUTION OF INDIA, 1950 FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMU.S ETC. AND FOR APPROPRIATE ORDER XI-HC-22 ^ST -^WMU, js€!wT6,fadrey sn^r TR^ U'f- A^o. ^55^/0^ UIKrii^iW^"" """"""""""""'""a^/200 fg^y' 31X^7 ;R!' T^-iw.sn^i ^'nWBfel ^ 3TK" ^RIIWaftiI fe'frl tITR^if •3 fSTTt TpiTRTi- ^ 3{RP7 3^?T 21-12-2005 Petitioner by Shri tyi'AQ^ ^ti^/'a^^ Advocate. Shri Vivek Sharma, Panel Lawyer,| for the State. Heard. — I This case relates to compassion^te appointment ccnsequent upon the death of an employee serving in the State. j Learned counsel for the petitione^ categorically stated that in this case, the death of the employee has occurred on or after 1 -f11 -1997 and not earlier. It is further submitted that in. batch of cases bearing W. P. No. 1322/^002 involving the same question orders have been passed by this Court on 20/12/2005. He'^rays that simitar orders may be passed in this case also. | Learned counsel for the State doe^ not dispute the above fact andstate that the State of Chhattisgarh has taken a decision | to consider the cases of dependants of those empioyees who died on or after 1/11/1997 strictly in accordance with the polioy prevalent at that time. ! In view of the submissions made by learned counsel appearing for the parties, without expressing any opinion on the m^rits of the case, in the opinion ofthis Court, ends of justice will be served if a direction is giv^n to the State of Chhattisgarh and the authorities concerned to consider and decide the cpse of the petitioner in accordance with the policy prevalent at the time of death of the en-jployee concerned. If the petitioner found eligibie, appointment orders will be issued as eajriy as possible on or before 30 April, 2006. The petitioner is also directed to render due cti-operation to the authorities. It is made clear that if any gnevance still remains, the petitiorjer may avail the remedy available under the law including filing ofthe petition before this ((;ourt. With the aforesaid observations, t|iis petition stands disposed of Certified copy as per rules. Copy to the State counsel, who| respondents for compliance. will be obljged to communicate the order to the Sd/- Fakhruddin Judge [Tft^ y<3^