ORDER :

1. The petitioner who is married daughter of deceased-Amritlal Sidar, has filed present writ petition challenging the order dated 16.12.2019 (Annexure P/1) passed by respondent No. 1 by which the petitioner’s representation for grant of compassionate appointment has been rejected on the count that as per policy for grant of compassionate appointment dated 28.02.2004, application should have been filed within one year and since the application has been filed after the limitation provided under the circular, the same cannot be considered and accordingly, it has been rejected.

2. The brief facts as reflected from the record are that the petitioner, who is married daughter of deceased-Amritlal Sidar working as Attendant Grade-II in the office of Executive Engineer, Sub-Station, Bilaspur and posted at Raigarh, expired on 29.10.2007. Thereafter, his son applied for grant of compassionate appointment on 02.01.2013 by submitting his application in the office of Executive Engineer, Sub-Centre, Chhattisgarh State Power Distribution Company Limited, Bilaspur. During pendency of the application, brother of the petitioner namely Shankarlal Sidar also expired on 09.04.2015, thereafter, she has filed the application for grant of compassionate appointment on 04.09.2019. It has also been contended that earlier the petitioner has filed WPS No. 8473/2019 before this Court as her application for grant of compassionate appointment was pending before the respondent authorities. This Court considering the submission has directed respondent No. 2 to decide the representation of the petitioner for grant of compassionate appointment within a period of 90 days from the date of receipt of copy of the order. In pursuance of the direction issued by this Court, respondent No. 4 has decided the representation and rejected the same for the reason that the application is belated one.

3. Learned counsel for the petitioner would submit that earlier there was no provision for grant of compassionate appointment to a married daughter and this provision has been inserted w.e.f. 29.08.2016 by the State Government in view of judgment passed by this Court in case of Chandrani Sinha Vs. Chhattisgarh State Electricity Holding Company Limited, Daganiya, Raipur (C.G.) & another, 2016 (Labour and Industrial Cases) 4527 as well as the judgment passed by Hon'ble the Division Bench of this Court in Writ Appeal No. 525 of 2016 decided on 21.11.2016 thereafter she filed the application for grant of compassionate application, as such, it cannot be said that the application for grant of compassionate appointment is belated one. He would further submit that rejection of the application for alleged delay is against the law laid down by this Court in case of Smt. Bhunbaisahu Vs. State, 2002 (1) CGLJ 257 and would pray for quashing of the impugned order dated 16.12.2019 (Annexure P/1).

4. On the other hand, learned counsel for respondents No. 2 to 7 has filed their return, in which, they have narrated the limitation period provided in the circular dated 28.02.2004 which provides one year of limitation for applying for grant of compassionate appointment. It has been further contended that earlier petitioner’s brother has applied for grant of compassionate appointment on 19.03.2013, which has been returned by the Executive Engineer, Sub-Station, Division-Bilaspur vide memo dated 10.03.2014, as it was incomplete form, wherein it has been mentioned that when deceased Amritlal’s wife Smt. Gayatri Bai appeared for taking retiral dues, it was informed her about the policy of compassionate appointment, but she has shown unwillingness to get the compassionate appointment. It has also been mentioned in the said memo dated 10.03.2014 that none of the family members has submitted application for grant of compassionate appointment within one year, thereafter, the petitioner’s brother application was rejected as the deceased- Amritlal expired on 29.10.2007 and the application for grant of compa