SINGLI 8ENGB_ G /^ ]^^^ IN THB HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR W.P.NO. 2,2-^r / 2005 PETITIOIIER ; ..^L^Kumari Premlata Swamkar »._^, ~7~ ^\ Yt->! i^ D^^^T ^^- si^i %^ilq1 ^^v«' .^..<%^' r IndirarParaBhUai-3' ^^ ».to^ 3Li^ C.^v\>' ^><*3^>'**' /' Gram post Patan District Durg ;..<l\y%4.^<" ^•<r2t^'^ (C.G.) ^^y -5^'. .^*- VERSUS ^ :^ ^ESPONDENTS ^' scs'^ <,:-.->-00?? Cl^€ ^ <b' ^^UK State of C^^ttisgarh Through Secretaiy General administration Department D.K.S. Bhawan Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226/22^ CONSTITUTION OF INDIA Petitioner must humbly submit as under:- !S; 1 ^j^ HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition No. 3255 of 2005 Petitioner Kimiari Prcmlata Swarakar Versus Respondent State of Chhatfclsgarh WRIT PETITON UNDER ARTICLE 226/227 OPTHE CONSTITUTION OF INDIA. (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri Soinkaat Verma, Advocate for fhe petitioner, Ms Sinita Ghai, Paael Lawyer for the respondent, ORDER(Orall (Passed on this 16th day ofSeptember, 2009) Heard. 1. The sister offhe peUtioner ( Kumari Premlata Swamkar), namely, Ku. Sarita Swarakar, while workmg on the post of Ladies Healflx Worker m Primaiy Healfh Center, Podi, Distdct ~ Korba, died on 25.11.2000 ia haraess, Thereafter, fhe present petitioner filed aa appllcation sometimes m the monfh of June - July, 2003 for graat of compassionate appomtment. The prevaiUug circular dated 10.6.2003, whichwas applicable m case of appoiatment on coxnpassionate basis, provides ttiat one of fhe family xuembers, who were fuUy dependent on fhe deceased einployee, namely, widow of the deceased eniployee or son or uninarried daughter, inay be given coiapassionate appoiatment. The petitioner beiag sister of fhe deceased employee was not entiUed to be appoiated on corapassionate basis. 2. Learaed counsel appearmg for fhe petitioner submits that the petitioner fhe circular dated 19,11,2007, issued by the General Administi:ation Deparfctnent, provides for compassionate appoiataient to brother or uninarded sister of the unmarried j; 5. 6. Thakur .- ^- Cjoveraiaent eiaployees. Thus, the case of the petitioner inay be considered ia the Ught offhe circular dated 19.11.2007. The reUaace offhe petitioner on fhe circular dated 19,11.2007 is Biisconceived. The circiilar is not appUcable in fhe case of the petitioner, as fhe same is not applicable wifh retrospective effect aad has come iato effect from 19.11.2007, prospectively. It is faite law fhat fhe Court caauot direct appoiatDient on compassionate basis as it is a back door entry aiid no compassionate appomtment may be made de hors fhe poHcy of ttie Govt. The poUcy offhe Govenuiient does not provide for graiit of conipassionate appointaaient to sister of fhe deceased employee, as such, no writ caa be issued in favour of the petitioner. The order dated 3.8.2004 (Annexure P/3) is just aiid proper aad does not warraat aay mterfercnce. In view of the foregoing, the petition is disxnissed, as not maiataiaable. No order asto costs. —-— Sd/- Satish K. Agnihotri Judge