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2022 Supreme(Chh) 25

SANJAY K.AGRAWAL
Purendra Kumar Sinha – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ratnesh Kumar Agrawal.
For the Respondent: Amrito Das.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. The petitioner takes exception to the impugned order dated 14-9-2018 (Annexure P-1) by which his application for compassionate appointment has been rejected finding no merit on the ground that his brother namely, Dinesh Kumar Sinha is already on Government job (Indian Army).

2. Chandrabhushan Sinha - father of the petitioner herein, while working as Assistant Grade-II in the establishment of the Government died in harness on 3-12-2017 leading to filing of application claiming compassionate appointment on 2-1-2018 which has been rejected now by the competent authority vide Annexure P-1 in view of paragraph 2 of the circular dated 29-8-2016 (Annexure R-1) holding that brother of the petitioner is already in Government service, therefore, in the light of that circular, the petitioner is not eligible to be considered for the post on compassionate basis which has been sought to be challenged in this writ petition on the ground that enquiry ought to have been made as to whether his brother who is already in service is not supporting the petitioner, therefore, enquiry has to be made on dependency and then only the application ought to have been considered.

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