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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Amitendra Kishore Prasad, J
Ghanshyam Kumar Sahu S/o Late Shri Ramswarup Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. Heard Mr. Ajay Shrivastava, learned counsel for the petitioners as well as Mr. Khulesh Sahu, learned Panel Lawyer for the State/respondent/s.
2. By this petition, this petitioner has sought following relief :
“10.1 The Hon'ble Court may graciously be pleased to quash the order 21.9.2021 issued by respondent no.3 (Annexure P/1) and further be pleased to direct the respondent authorities to decide the claim of petitioner afresh in accordance with law, in the ends of justice.
10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including cost.”
3. Learned counsel for the petitioner submits that the father of the petitioner died in harness on 28.12.2014 and the petitioner being son of the deceased employee has filed an application for grant of compassionate appointment on 17.01.2015 subsequently on 29.08.2016, his application was dismissed on 02.07.2015 on the ground that in the family of the petitioner his brother is already in government service. The petition was filed against the said order bearing WPS No.3324 of 2016 on 28.07.2016. During the pendency of the said writ petition, the State Gover
The compassionate appointment policy must be applied based on the conditions at the time of the employee's death, not retrospectively.
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
The applicable policy for compassionate appointment is the one in force at the time of the employee's death, not the date of application filing.
Compassionate employment is granted on humanitarian grounds and is not a vested right. The policy prevailing at the time of the deceased employee's death is crucial for determining compassionate appo....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
The main legal point established in the judgment is the need for strict construction of the policy for compassionate appointment and the inability to alter the policy through judicial intervention.
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