Purendra Kumar Sinha S/o Late Chandrabhushan Sinha vs State of Chhattisgarh Through Secretary Tribal Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 376

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Purendra Kumar Sinha S/o Late Chandrabhushan Sinha – Appellant
Versus
State of Chhattisgarh Through Secretary Tribal Department – Respondent

Advocates:
Advocate Appeared:
For the Appellant : : Mr. Ratnesh Kumar Agrawal, Mr. Shaleen Singh Baghel, Mr. Ishan Verma and Mr. Vedant Shadangi, Mr. Hemant Kesharwani and Mr. Suresh Tandon, Mr. Siddharth Pandey and Mr. Dashrath Prajapati, Mr. H.B. Agrawal, senior counsel assisted by Mr. Pankaj Agrawal and Mr. Shashi Kumar Kushwaha, Mr. Devesh G. Kela, Mr. Rakesh Kumar Jha, Mr. Rajkumar Pali, Mr. Anurag Singh, Mr. Vinod Kumar Sharma, Ms. Diksha Gouraha, Mr. Dharmesh Shrivastava, Mr. N. Naha Roy, Mr. Vinay Pandey, Mr. A.K. Prasad and Ms. Suchita Bais, and Mr. Bharat Rajput.
For the Respondent:Mr. Jitendra Pali and Mr. H.S. Ahluwalia, Deputy Advocate General and Mr. Gagan Tiwari, Deputy Government Advocate.

JUDGMENT :

Arup Kumar Goswami, J.

Learned counsel for the parties submit that as the issue relates to compassionate appointment, the matters may be heard and disposed of by this Bench.

2. In Writ Petition (S) No. 6689 of 2018, a learned Single Judge of this Court, vide order dated 12.01.2022, had observed that the judgment of a learned Single Judge of this Court in Smt. Sulochana Netam v. State of Chhattisgarh & Others (WPS No. 2278/2017, decided on 23.11.2017) requires reconsideration by a larger Bench in accordance with Rule 33 of the HIGH COURT OF CHHATTISGARH RULES , 2007 on the question formulated, which is as follows:

“Whether this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India is empowered to direct the State Government to hold an enquiry qua the dependency / financial support by one of the family members of the deceased Government servant, who is already in Government service, to the dependent of the deceased Government servant claiming compassionate appointment whereas, the policy dated 29.8.2016 does not stipulate any such enquiry and then consider the application for compassionate appointment, as bar being absolute?”

3. Facts, in a nuts

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2022 Supreme(Chh) 376

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHUPurendra Kumar Sinha S/o Late Chandrabhushan Sinha – AppellantVersusState of Chhattisgarh Through Secretary Tribal Department – Respondent

Cases Referred (27)

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Purendra Kumar Sinha S/o Late Chandrabhushan Sinha – Appellant
Versus
State of Chhattisgarh Through Secretary Tribal Department – Respondent