HIGH COURT OF CHHATTISGARH AT BILASPUR DIVIS10N BENCH 'BLE SHRI RAJEEV GUPTA, C.J. & 'BLE SHR) SUN!L KUMAR SINHA, J. APPELLANT PETSTIONER Writ Appeal No. 60 of 2008 Ramshanker Yadav, aged about 26 years, S/o The Late Surajbhan Yadav, resident ofWard No.40, near Konda Hotel, behind Mangal Singh house, Basantpur, Rajnandgaon, Dlstrict Rajnandgaon (C.G.) 1. 2. 3. The State of Chhattisgarh Through the Principle Secretary, Revenue Department, D.K.S. Bhawan, Raipur The Controller, Government Printing and Stationeries, behind Commissioner Offlce, Raipur (C.G.) The Deputy Controlier, Government Regional Printing Press, Rajnandgaon (C.G.) ofWrit Appeal under Rule 158(101 (i) (b) ofthe appeal Division Bench of the Hiah Court of Chhattisaarh Rules 2007 Smt. Renu Kochar, leamed counsel for the appellant. Shri Praveen Das, learned Deputy Government Advocate for the respondents. JUDGMENT ith (2Sm Apri!, 2008) The following judgment of the Court was passed by Rajeev Gupta, CJ. Heard learned counsel for the parties on admission. 2. Appellant - Ramshanker Yadav has filed this writ appeal against the order dated 19-03-2008, passed in W.P. No.3509/2004. 3. Appellant - Ramshanker Yadav had filed the writ petition for the following reliefs :- "an^ip grter g?teCT s ^ AT dszit ^ ariEFR ^ R^f?tl^ri a^cN ?RTO ci^ c^t gpfen' iiFpft? ^H; y^ii'MR* sifep^r ^ ^ov 01. anto; ^ 315^ f^gf^r !RH j^ ^ ig 3)'ii^tj;'i"i1' %t SiT^RT ^ ^ ^lff ^ ^lt I" 4. The petitioner, thus, in substance was seeking a direction to the respondents for his appointment on compassionate around. - , 5. Appellant's father Shri Surajbhan Yadav, wtio was working as Junior Compositor in Government Regional Printing press, Rajnandgaon, died in harness on 08-08-1996. 6. Learned Single Judge on a thorough consideration of the rival submissions of learned counsel for the parties did not find any case in favour of the petitioner warranting a direction to the respondents for his compassionate appointment and, therefore, dismissed the appellant's writ petition vide order dated 19-03-2008. ^ 7. The appellant's father died in harness in the year 1996 and a period of about 12 years has elapsed. The family of the deceased Govemment servant - Suraj Bhan Yadav includlng the petitioner/appellant has survived for a period of about 12 years. 8. The Apex Court whlle considering this aspect of the matter in the case of State of Jammu & Kashmir and Ottiers Vs. Sajad Ahmsd Mlr reported in {(2006) 5 SCC 766} observed in para 11 as under :- "Once It is proved that inspite of the death of the breadwinner, the family survived and substantial period Is over, there is no necessity to say "goodbye" to the normai ru!e of appointment and to show favour to one at the cost of the interests of several others ignoring the mandate ofArticle 14ofthe Constitution." 9. In view of the above quoted dictum of the Apex Court, we do not find any infirmity in the impugned order which may warrant interference in this writ appeal. 10. The writ appeal, therefore, is iiabte to be dismissed and is here&y dismissed summarily..^ Sd/- Chief Justice Sd/- sutta^Sin^ 'e nimmi