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2022 Supreme(Chh) 87

ARUP KUMAR GOSWAMI, N.K.CHANDRAVANSHI
State of Chhattisgarh – Appellant
Versus
Muniya Mukharjee – Respondent


Advocates Appeared:
For the Appellants :Mr. H.S. Ahluwalia, Deputy Advocate General.
For the Respondent: Mr. Ratnesh Kumar Agrawal.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for the appellant. Also heard Mr. Ratnesh Kumar Agrawal, learned counsel, appearing for the respondent.

2. This appeal is presented against an order dated 22.09.2021 passed by the learned Single Judge in Writ Petition (S) No. 5066 of 2021, whereby the learned Single Judge set aside the order dated 07.11.2020, by which the appellants had rejected the claim of the writ petitioner for compassionate appointment on the death of her husband, namely, Udipto Mukharjee, who died in harness while working as Assistant Grade-III under the respondent No. 3, on 03.08.2020, on the ground that the mother-in-law of the writ petitioner was in government employment.

3. The wife of the deceased government employee, who is a writ petitioner, is only 27 years of age and her husband died at the young age of 31 years.

4. Mr. Ahluwalia submits that the reason assigned by the learned Single Judge that the mother-in-law of the writ petitioner cannot be brought within the ambit of family for the purpose of grant of compassionate appointment cannot be sustained in view of the provisions contained in the Consolidat

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