2024:CGHC:37994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6000 of 2024

1 - Ashwani Amila W/o Late Bhuneshwar Prasad Amila Aged About 39 Years R/o Vill- Phulkodo, Block- Manpur, District Rajnandgaon, Chhattisgarh.

---- Petitioner versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Post Office Rakhi, District Raipur, Chhattisgarh.

2 - Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

3 - Collector, Rajnandgaon District Rajnandgaon, Chhattisgarh.

4 - Zila Panchayat, Rajnandgaon Through Its Chief Executive Officer, District Rajnandgaon, Chhattisgarh.

---- Respondents ____________________________________________________________

For Petitioner : Mr. Vivek Kumar Shrivastava, Advocate For Respondents/State : Mr. Aman Tamboli, P.L.

Hon'ble Shri Justice Parth Prateem Sahu

Order On Board

26/09/2024

1. Petitioner has filed this petition seeking following relief (s) :-

“10.1. That, this Hon’ble Court may kindly be direct the respondent authorities to take appropriate action to consider the case of the petitioner and grant her compassionate appointment as per the circular dated

08.01.2016.

10.2. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to petitioner, in the Digitally signed by BALRAM PRASAD DEWANGAN interest of justice.”

Date: 2024.09.28

2. Learned counsel for petitioner submits that husband of petitioner died in harness on 14.10.2015 while working as Teacher Panchayat. Petitioner thereafter submitted an application for grant of compassionate appointment which was forwarded to respondent No.4 on 27.11.2015. Thereafter, petitioner was informed that if she is ready to be appointed on the post of Secretary, Gram Panchayat, then she has to submit a consent as per requirement under the circular dated 08.01.2016. Pursuant thereto, petitioner submitted her consent on 10.05.2016 requesting the authorities to grant her compassionate appointment, thereafter, till date no action has been taken on the claim of petitioner for compassionate appointment. He submits that as since last about 8 years, respondent No.4 has not taken any decision nor issued any direction with respect to claim of petitioner, respondents No.4 be directed to consider and decide the claim of petitioner for grant of compassionate appointment.

3. Learned State counsel submits that grievance of petitioner is against respondents No.4 for whom he is not appearing.

4. I have heard learned counsel for parties and perused the documents placed on record.

5. Considering the submission of learned counsel for respective parties as also the grievance of petitioner that application submitted by petitioner for grant of compassionate appointment has not been considered and further considering that application submitted by petitioner is of the year 2016, therefore, writ petition at this stage is disposed of permitting petitioner to submit fresh representation/ application raising all the grounds as raised in this petition. In the event petitioner submits fresh application/representation, concerned authorities shall consider and decide the same in accordance with law on its own expeditiously preferably within a period of three months from the date of receipt of application/representation.

6. With the aforesaid observations and directions, this petition stands disposed of.

Sd/-

(Parth Prateem Sahu)

Judge Balram