NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2376 of 2017 Laxmi Khare D/o Shri Bhagwat Prasad Khare, Aged About 30 Years, R/o H. No. 226, Ward No. 3, Padavpara, Kargi Road, Kota, Tahsil And P. S. Kota, District Bilaspur Chhattisgarh. ---- Petitioner Versus

1. State of Chhattisgarh , Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Engineer-In- Chief, Public Works Department, E-In- C, P W D Sirpur Bhawan, Civil Line, Behind Akashwani Bhawan, Raipur, District Raipur Chhattisgarh.

3. Chief Engineer, Public Works Department, Bridge Construction, Raipur, District Raipur Chhattisgarh.

4. Executive Engineer, Public Works Department, Bridge Construction, Division, Bilaspur, District Bilaspur Chhattisgarh. ---- Respondents (Cause Title is taken from Case Information System)

For Petitioner : Mr. Sourabh Agrawal, Advocate holding the brief of Mr. Harsh Wardhan, Advocate For State : Mr. Atanu Ghosh, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

21.06.2024

1) By way of this petition, the petitioner has sought the following relief(s):-

“10.1. That, the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the grievance of the petitioner, kept in the possession of the respondents.

10.2. That, the Hon’ble Court may kindly be pleased to issue an appropriate writ or direction directing the respondents to consider and grant compassionate appointment to the petitioner.

10.3. That, the Hon’ble Court may kindly be pleased to grant any other relief which the Hon’ble Court deems fit and proper in the facts and circumstances of the present case.

10.4 .That, the Hon’ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.”

2) Learned counsel appearing for the petitioner would submit that the elder brother of the petitioner namely, Ritesh Kumar Khare who was working in the post of Sub Engineer (Civil), Class-II in the Public Works Department, Bilaspur expired on 15.01.2017. He would further submit that the petitioner moved an application for the grant of compassionate appointment on 12.04.2017 before respondent No. 4, within limitation, but the same has been rejected by the respondent authorities on the ground that her other family members i.e. wife of the deceased namely, Pinky Khare (AG-III) and another sister of the deceased namely, Ritu Kumar Khare (Assistant Engineer) are in Government service. He would also submit that the wife and sister of the deceased, who are Government Servants, are living separately and the petitioner is dependent on the deceased, therefore, the authorities concerned may be directed to consider the claim of the petitioner.

3) On the other hand, learned State counsel would submit that two family members of the deceased are already in government service, therefore, the claim of the petitioner was rejected by the authorities concerned. He would further submit that as per Clause-6 of Sevakal Ke Dauran Shaskiya Sevak Ki Mrityu Hone Par Anukampa Niyukti Babat Ekjai Punrikshit Nirdesh, 2013 (Sanshodhit) dated 29.08.2016, it is clear that if any of the family members of the deceased employee is in government service, the other member/dependent shall not be entitled for compassionate appointment.

4) I have heard learned counsel appearing for the parties and perused the documents placed on the file.

5) It is true that the brother of the petitioner died in harness on 15.01.2017, thereafter, the application for compassionate appointment was moved by the petitioner on 12.04.2017, and the same was rejected by the authorities concerned on the ground that two members of the family of the petitioner are already in government service. Undisputedly, the wife and another sister of the deceased are in Government Service.

6) Clause 6 (A) of Sevakal Ke Dauran Shaskiya Sevak Ki Mrityu Hone Par Anukampa Niyukti Babat Ekjai Punrikshit Nirdesh, 2013 (Sa