NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4447 of 2017 Sheetal Samundrey S/o Late Shri Ludhram Samundrey, Aged About 24 Years R/o Shri Krishna Goushala, Madhuban Road, Behind Govt.

Multipurpose School, Dayalband, Bilaspur ---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Post Oice Mantralaya, P.S. Rakhi, Naya Raipur, District Raipur, Chhattisgarh

2. The District Education Oicer, Bilaspur, Composite Building, Collectorate Bilaspur, District Bilaspur, Chhattisgarh

3. The Principal, Govt. Multipurpose Higher Secondary School, Dayalband, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent For Petitioner Mr. Vipin Tiwari, Advocate For Respondent Ms. Pragya Shrivastava, Dy. GA SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

19/4/2024

1. This writ petition has been iled for grant of compassionate appointment as the father of the petitioner namely Ludhram Samundrey, who was working on the post of Peon in the Government Multipurpose School, Bilaspur, died in harness on 8.5.1994. A copy of the death certiicate of the petitioner’s father is iled as Annexure P/2. At the time of his death, the petitioner was only one year old and his date of birth is 24.6.1993. The petitioner, being minor, could not move an application for compassionate appointment, however, after attaining majority, he moved an application for compassionate appointment on 2.5.2015. Though the petitioner is entitled for compassionate appointment as per the Scheme of the Compassionate Appointment dated 10.6.1994 (Annexure P/6), wherein, clause 5 of the said Scheme speciically enables the dependent family members of a deceased-employee to apply for compassionate appointment by iling an application in this regard after attaining majority. However, the respondent authorities, on the ground of delay, rejected the claim of the petitioner, which is illegal, arbitrary and not proper. Hence, this petition.

2. In the return iled by the State, it is stated that the petitioner has iled an application for compassionate appointment belatedly. The law is well settled with regard to the compassionate appointment. The purpose for giving compassionate appointment to a dependent of the deceased Government Servant in harness is to help the family of the deceased Government employee to tide over the immediate inancial crises which arise due to sudden demise of the bread earner of the family. The purpose of giving compassionate appointment is also to overcome the situation of sudden penury which arises upon the death of the bread winner of the family. After formation of the State of Chhattisgarh, the State has formulated a Policy in the year 2003 . Earlier, no time period was prescribed for iling an application for compassionate appointment under the said Policy. Thereafter, by Notiication dated 2.2.2016, the period for iling an application has been prescribed as 6 months from the date of death of the deceased-employee. However, as per the new Scheme (Annexure R/2), the prescribed period for iling the application is three years. Hence, the petitioner is not entitled for grant of compassionate appointment.

3. Learned counsel for the petitioner would submit that the petitioner is entitled for compassionate appointment as per the Scheme which existed at the time of death of the deceased employee i.e. 10.6.1994 (Annexure P/6) and as per the said Scheme, a minor is entitled for compassionate appointment by applying for the same after attaining majority. For the above submissions, she would place reliance on the matter of Supram Prasad Vs. State of C.G. and Another, 2012 (4) CGLJ 137 (DB) and prays to allow the petition.

4. Learned counsel for the State would submit that the issue concerning the norms for consideration of the application for compassionate appointment is no longer res integra. She would submit that a three Judge Bench of the Supreme Court in the matter of N.C. Santosh Vs. State of Karnataka and others, (2