IN THE HIGH CQURT OF JUDICATURE AT BILA§PUR CHHATTISGARH) WP. No2'w‘3 I2003/ MANOJ KUMAR KASHYAP AGED ABOUT 27 YEARS, S/o Late Shri SL Kashyap, Vill. & Past Marghati, * Tahsi! Malkaroda, Dist. Janjgir-Champa PETITIONER Vs STATE OF CG. Through Secretary, Deptt. of Agriculture, DK Bhavan, Raipur. 2) Director, Deptt. of Agriculture, Raipur. 3) Dy. Director, Agriculture, Dist. Janjgir-Champa (Chhattisgarh). :1) ‘ / gge") PETITION UNDER ARTICLE 22 / 227’0F CONSTITUTION OF INDIA ( / ; XLHC-22 sn’é‘a my lmm 31m man ma 05.09.2003 31m Ranbir Singh, Govt. nos. 1 to 3. India, the petitioner has prayed for a direction to to give the petitioner appoin Clerk on compassionate ground The petitioner’e petition ' S.K. Kashyap was Rural Agric posted at Malda under respond nt no.3 in the year 1995 when he died at the age of 52 years. Thle petitioner is the elder son of the who had passed 12th examination E father all of a sudden the total lily fell upon the shoulder of the of his mother and other familv the appointment, as the petitioner 1 feed a family of three sis‘a Accordingly, he submitted the application to the respondent no.3 Le name of the petitioner to the ‘cation was also forwardednnder Joint Director also fowvarded the :titioner to the Director vide memo dated 24.09.1996 and the Director, Agriculture of the State of Madhva Pradesh vide order dat deceased government employee and on account of death offhi liability of maintaining the fan petitioner. With the consent members the who in turn recommended 'tk higher authorities and the app Annexm‘e P—3. The Divisional a$davit of the mother of the pt Shri Dhiiendra Mishia, cc unsel for the petitioner. Adv. for the State / respondent By this petition under A cles 226 8r. 227 of Constitution of 44“ respondents ent as Class-III, Lower Division that the petitioner’s father Late Rural Extension Ofdcer and was i compassionate 1as no other means of livelihood to :rs, rtwo brothers and mother. ”petitioner applied for :d 05.12.1997 gave pemission for J , # Kym—22 WWW E W Mg7§§ WW m 2%? mmmw Haw mwagfffgm compassionate appointment of 1he petitioner on the post of Lower Division Clerk and accordingly the pefitioner was allocated to the Indore Division for appoin ! ent. Alongwith the petitioner permission for seven other persons was also given for compassionate appointment d they were also allocated at vaxious places. Said order is \exure P-5. 4t The petitioner in compli ce of the above order reported and joined the duties at e oKlce of the Joint Director, Agriculture at Indore but e Joint Director informed the petitioner since there is no vac t post as existing in his division, so at that moment he was not in a position to give appointment and also advised the peti 'oner to contact the Directo i . . (Agriculture) at Bhopal The tpetitioner contacted the Dlector" (Agriculture) Bhopal and the p uuoner was mformed that he W111 be shortly appomted on comp Sionate ground, but nothing was heard on behalf of the respond ts. The petitioner made vari us applications as reminders for compassionate appointment d ultimately vide order dated 06 10 1999 (Annexure P—6) the Director, Agriculture again accorded the perm1s31on for e appointment of the petitioner i under the backward class category and a police venhcation proforma was also handed ove to the petitioner and after filling the same the petitioner submitted Again the omce of the Director, Agriculture assured ithe petitioner that he Will get the t appomtment as soon as the police verification is completed The / / / ’ v police verification was called fo through Annexure P 8/ / / r 311w mm 11%?! On 26.1.2000 tEe petitianer was agalfl given a proiorma with a direction to fm in the same and submit it through the The petitioner after fllljn’g‘ the HowéVcr, D€puty Director, Agriculture did not accept the i néwly filled form from the petitioner appn'sing him ‘that his case for/ co§¥§gssionate appointment has already been considered and/ he has been appointed and therefore, the question of sending new form for the appointment does not arise. I the meantime, erStwhile State of Madhya Pradesh was divided ' to two States andlDistrict Janjg‘lr became part of newly crea d State of Chhattisgarh W.e.f. 01. 1 1.2000 and even then the petitioner has not been appointed. wWuma‘itiwtfagR éaaafaqanéw vyg Deputy Director (Agriculture). proforma Submitted the same. The petitioner ultimately rep esented the oiiice of the Chief Minister, State of CG. and in 31.07.2003 the Chief Minister directed the respondent no. 85 2 to take decision on the application of the petitioner for compassionate appointnient within iifteendays, even then othing has happened till today, Having heanti learned coimsel for the parties, having regard to the facts andclrcuinstance ’ . L of the case, as the petitioner . . case was already considered and e petitioner was found eligible for the appointment on compassi nate ground which’is evident from the order dated 05. 12. 1997 (Annexure P~5) passed by the Diregtor l ’ , {Agriculture} Bhopal, and also? Annexure P—6 dated 06.10.1999. Even the police verification of the petitioner was got done but for one or the other reason the spondents are not appointing the“ wV k7°3 H” :m W mg; W x wmmm AV éFaWalé‘a 7 petitioner insyite of fact that the petltioner is eligible 1n au respect for th€ compassionate appointm In tho above Circumstaxx make a mpmsentation within details for consideration of the respondent no.2 and respondent no.2 atter receipt of the repres tation from the petitioner Within a pen'od of thirty days pass ( take appropriate decision in oame to the petitioner. With the above observz petifion stands disposed of. C01 also stands disposed of. Snt. pas, the petitioner is allowad to a' period of ten days giving all appropriate reasoned order and e matter and communicate the ‘m'ons i and direotions, the writ isequently, M.W.P. No.2481/2003 Certiiied copy as per Rule . Am #‘V Scu- K L,C:.BHADoo \\ {WBC ifei: XI—HC~22 3a W, ermine, W A