The Court held that the competent authority (Collector) must decide a representation regarding the alleged breach of an undertaking to maintain dependents by a person appointed on compassionate grounds, strictly in accordance with the applicable guidelines.

(Cause-title taken from Case Information System)

Order on Board

1. By way of the present Writ Petition, the petitioners, who are respectively the father, mother and minor daughter of the deceased employee, namely, Premnaarayan Dhruw, seek a direction to the respondents to consider and decide the complaint lodged by them against respondent No.4, who is the daughter-in-law of petitioner Nos.1 and 2 and the mother of petitioner No.3.

2. Learned counsel for the petitioners submits that respondent No.4 was appointed on compassionate grounds after the death of the deceased employee and, despite the undertaking furnished by her in terms of sub- clause 13 of Clause 15 of the Guidelines dated 14.06.2013, she is not maintaining the petitioners, i.e. the aged parents and minor daughter of the deceased employee. Referring to Annexure-P/7, particularly pages 29 and 30, learned counsel would submit that the petitioners had submitted a complaint/representation against respondent No.4 on 29.02.2024, alleging violation of the aforesaid undertaking, but no action has been taken thereon till date. He, therefore, prays that the Writ Petition may be disposed of with a direction to the Collector, District Dhamtari, to consider and decide the complaint/representation in accordance with sub-clause 13 of Clause 15 of the Guidelines dated 14.06.2013.

3. Learned counsel appearing for the State submits that, if the complaint/representation submitted by the petitioners is still pending consideration, the same shall be considered and decided by the Collector in accordance with the provisions contained in sub-clause 13 of Clause 15 of the aforesaid Guidelines. As regards the allegation that respondent No.4 is not maintaining the petitioners, learned State counsel disputes the said allegation and submits that respondent No.4 is regularly maintaining the petitioners.

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

5. Be that as it may, since the petitioners have raised a grievance with regard to alleged non-compliance of the undertaking furnished by respondent No.4 under sub-clause 13 of Clause 15 of the Guidelines dated 14.06.2013, and the complaint/representation submitted by them has not been considered by the competent authority, this Court deems it appropriate to direct the Collector, District Dhamtari, to consider and decide the grievance of the petitioners in accordance with law.

6. Accordingly, the Writ Petition is disposed of with a direction to the petitioners to submit a fresh copy of their complaint/representation before the Collector, District Dhamtari, within a period of 15 days from today. Upon receipt of such complaint/representation, the Collector shall consider and decide the same, in accordance with sub-clause 13 of Clause 15 of the Guidelines dated 14.06.2013, within a period of 30 days thereafter, after affording due opportunity of hearing to respondent No.4.

7. It is made clear that this Court has not expressed any opinion on the merits of the allegations made by the petitioners or the defence raised by respondent No.4. The competent authority shall take a decision strictly in accordance with the applicable Guidelines and on the basis of the material placed before it.

8. With the aforesaid directions, the Writ Petition stands disposed of.