HSGHCOURTOFCHHATTISGARHATBiLASPUR HON'BLE SHRI H.L. DATTU, CJ. & SHRt V.K. SHRIVASTAVA, 4. APPELLANT PETSTSONER WritA^ealNo,08of200J Jaiprakash Pathak, S/o Late Vidyadhar, Pathak, Aged about 29 years, R/o Viiiage Bauripara, Tempte, P.0. Ambikapur, Dtetc, Surguja (C.G.) 1. 2. 3. 4. 5. State of Chhaffisgarh, Through : Princjple Secretary OA?'aSer Resources Department, Imgation Department, Secretariat, DKS Bhawan, Raipur (CG) State of Madhya Pradesh, Through : Princsple Secretan/ (Water Resources Department, Jrrigation Department, Secretariat, VaSlabh Bhawan, (M.P.) Chlef Engineer, Hasdeo Kachhar, 0/Vater Resources Department) irrigation Department, BIiaspur (CG) Superintending Engineer, •Shyam Bamai Project, (^Vater Resources Department) Irrigation Department, P.0. Amblkapur Distt. Surguja (C.G.) Executive Engineer, Barna! Canaj Division, QA/ater Resources Department) Imgation Department, P.0. Ambikapur Distt. Surguja (C.G.) Shri Manoj Paranjpe and Shri V.A. Goverdhan. counsei for the appellant. Shri N.K. AgrawaS, Dy. A.G. for the State. QRALORDER rd (Passed on 03ro Aprii, 2007) The foijowing orai order of the Court was passed by H.L. Dattu, CJ. |NNNIB1^ Though the matter is iisted for orders on default, with the consent of learned counsel appearing for the parties, the matter is taken up for final hearing. (2) This is the third round of litigation by the appellant before this Court. On an eariier occasion. he was before this Court In W.P. No. 3485 of 2003. The relief sought for by the appeliant/petitioner in the said writ petition was to direct the respondents to appoint him on compassionate ground since his father died in harness. (3) This Court whlie disposjng of the said writ petition by ite order dated 23-01-2004 had directed the petitioner to rnake an appropriate representation before th©2nd respondent in the writ petition and ftirther directed the 2nd respondent to consider the representation fiied by th® petitioner, in accordance with iaw. After disposai of the writ petition. the petitioner had filed a representation before the 2nd respondent in th@ writ petition and that representation was considered by the 2 respondent by his order dated 04-05-2CX)4. Without questioning the said order, the petitioner was onc©again before this Court in Writ Petitlon No.4225 of 2004, yet again praying for a direction to the respondents to appolntthe petitioner on compassionate ground. (4) The learned Single Judge has rejected the writ petition soieiy on the ground that the petitioner without questloning the correctness or otherwise of the order passed by the respondents dated 04-05-2004, pursuant to the directions issued by this Court in W.P. No. 3485 of 2003, couid not sought for the reijef for a direction to the respondents to consider his case for appolntment on compassionate ground. !n our view, the learned Singje Judge is wholiy justified in rejecting the writ petition at the preiiminaty hearing itseif. The reason being, as we 3 have already stated that the petitioner was before this Court in the first writ petition and a direction that was sought for by him was to direct the respondents to appoint him on compassionate ground. This Court did not give the reilef sought for by the petitioner, but only permitted the petitioner to make appropriate representation before the 2nd respondent in the writ petition. After disposai of the writ petition, the order was passed by the respondents. if for any reason, the petitioner was aggrieved by the order passed by the respondents, he shouid have questioned the correctness or otherwise of the order passed by the respondents dated 04-05-2(X)4 and he could not have merely' asked this Court to issue a direction to the respondents to appoint the petitioner on compassjonate ground. (5) In that view of the matter, we do not see any error in the order passed by the iearned Slngle Judge. Therefore, the writ appeal requlres to be rejected and It is rejected. However, we resewe iibertyto the appeiiant, if he so desires, to question the correctness or otherwise of the order passed by the 3rd respondent herein dated 04-05-2004, before appropriate forum. Ordered accordingiy., Sd/- V.K.Shrivastava Sd/- Chief Justice Judge