Order On Board

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

“ 10.1 That, the Hon’ble Court may kindly be please to call for the entire records pertaining to the case of petitioner for its kind perusal and thereafter allow the petition.

10.2 That, the Hon’ble Court may kindly be pleased to quash the letter datead 25/09/2009 (Annexure P-9) issued by the respondent no. 3 to petitioner, whereby the authority not provided compassionate appointment before 2009.

10.3 That, the Hon’ble Court may kindly further be pleased to quash the letter dated 22/2/2023 (Annexure P-15) whereby the respondent no. 5 has given wrong and misconceived opinion to respondent no. 2 Collector regarding application of petitioner for compassionate appointment.

10.4 That the Hon’ble Court may kindly further be pleased to direct the respondent authorities to provide compassionate appointment to the petitioner on the basis of her application submitted before the respondent no. 7 BEO on 14/01/2005 (Annexure P-2)

10.5 Any other relief, or direction which the Hon’ble court may deems fit, be also awarded to the petitioner.”

2. Learned counsel for the petitioner submits that father of petitioner while working on the post of Block Education Officer at Manendragarh, District- Koriya (C.G.) died in harness on 05.11.1989. Petitioner after attaining the age of majority had submitted an application before the then Block Education Officer, Manendragarh, District – Koriya (C.G.)/respondent no. 7 in the month of January, 2005 which was forwarded by Block Education Officer, Manendragarh, District- Koriya to Collector, Baikunthpur, District – Koriya by letter dated 25.11.2011. He next submits that the claim of petitioner was arbitrarily rejected observing that as the death of father of petitioner while in service was prior to 01.11.2000 therefore, there is no provision of grant of compassionate appointment to petitioner as the deceased employee who died in harness was prior to 01.11.2000. The said order is highly arbitrary and unreasonable. He lastly submits that petitioner have continuously approached the authorities to consider the application of petitioner in a lenient and humanitarian manner, however, District Education Officer, Baikunthpur, District- Koriya vide letter dated 22.02.2023 has informed the Collector that as petitioner has not submitted any application within prescribed time it is not possible to give her compassionate appointment and copy of the said letter was forwarded to petitioner and, thereafter this writ petition is filed.

3. Learned counsel for the State opposes the submission made by learned counsel for petitioner and would submit that this writ petition is filed with in-ordinate delay. He submits that the respondent authorities have not committed any error in rejecting the application of petitioner observing that policy of 2003 which is relied upon by respondent authorities to consider the claim of petitioner specifically provides that the application for grant of compassionate appointment would not be considered if the death of employee is prior to 01.11.2000. He further the application of petitioner was rejected on 29.09.2009 and this writ petition is filed after about 14 years, and also that the writ petition challenging the order of rejection of claim of petitioner is filed with an in-ordinate delay. In support of his contention he referred to the circular issued by State Government dated 10.06.2023.

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

5. It is not in dispute that the father of the petitioner i.e. deceased employee died on 05.11.1989 i.e. much before the reorganization of the State of Madhya Pradesh and carving out of new State of Chhattisgarh on 01.11.2000. The application submitted by petitioner in the year 2005 was considered by authorities in the light of circular/guidelines issued by State Government dated 10.06.2023 and also taking note of the