THOTTATHIL B.RADHAKRISHNAN, SANJAY AGRAWAL
Rinku Sah Widow of Late Shri Rajkumar Sah – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of Law and Legislature, Mantralaya – Respondent
Thottathil B. Radhakrishnan, J.
1. Petitioner was born on 09.10.1995. She was married on 29.06.2012 to Raj Kumar Sah, who was employed in the Government of Chhattisgarh as a Police Constable. He died on 15.02.2014. The service records of that deceased employee showed the Petitioner as his wife. She is being paid pension referable to the late Raj Kumar Sah and her name figures in the pension papers. Following her husband's demise in harness, Petitioner applied for compassionate appointment. That stands rejected primarily on the ground that she is disqualified from being appointed to government service in terms of Rule 6(5) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961; for short 'General Rules'. The said Sub-rule is therefore challenged by the Petitioner as ultra vires the Constitution. Her application to be appointed as a Constable is rejected also on the ground that the materials produced by her, on cross-verification, do not establish that she possesses the minimum qualification required for that post. Hence, this writ petition is filed challenging such rejection of Petitioner's application for compassionate appointment; and also, Sub-rul
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