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2025:CGHC:9414
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1409 of 2025 1 - Smt. Fuleshwari Thakur W/o Late Manish Kumar Thakur Aged About 43 Years R/o. Village Bharritola (Kumhartola), Tahsil Manpur, District Mohla-Manpur-Ambagarh Chowki (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, General Administrative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - The Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - The Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 4 – Director, Directorate Of Public Instruction, Chhattisgarh, Indravati Bhawan, Block-3, 1st Floor, Atal Nagar Naya Raipur, District Raipur (C.G.) 5 – Director, Directorate Of Panchayat And Rural Development, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.)
2 / 4 6 – Collector, District Uttar Bastar Kanker (C.G.) 7 - District Education Officer, Uttar Bastar Kanker, District Uttar Bastar Kanker (C.G.) 8 - Block Education Officer, Bhanupratappur, District Uttar Bastar Kanker (C.G.) 9 - Chief Executive Officer, Janpad Panchayat Bhanupratappur, District Uttar Bastar Kanker (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Govind Dewangan, Advocate For Respondents/State : Mr. Rishabh Bisen, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 24/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to grant her compassionate appointment in lieu of death of her husband.
2. It is an admitted fact that the petitioner is the wife of late Shri Manish Thakur, who was working as Assistant Teacher (Panchayat) and was posted at Government Primary School Hafrra, Block Bhanupratappur, District Uttar Bastar Kanker under the Department of Panchayat and Rural Development. He died on 20/12/2016 and after death of her husband, the petitioner submitted an application before the appropriate authority for appointment on compassionate ground and she is running from pillar to post for redressal of her grievance, but the same does not fructify.
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3.
Learned counsel appearing for the petitioner by referring an order dated 26/11/2024 (Annexure P/5) passed by the Coordinate Bench of this Court in WPS No.2383/2024 and other connected matters, submits that the petitioner’s case be directed to be considered by a Committee constituted by the General Administration Department on 13/09/2021 as directed by this Court in the said writ petition. He would further submit the petitioner is having requisite qualification for appointment to the post of Assistant Teacher however, the case of the petitioner has not been considered till date by the respondent authorities.
4.
Learned counsel appearing for the State submits that the Committee was constituted on 13/09/2021 to consider the cases of applicants who have applied for compassionate appointment to the post of Assistant Teacher/ Siksha Karmis but they were not having the requisite qualification however, the Committee was constituted to consider their cases for appointment on the post of Class IV post of the State Government. He would submit that in the present case of the petitioner, the petitioner is having qualification for appointment to the post of Assistant Teacher, however posts of Assistant Teachers to grant compassionate appointment is not available, but the Committee shall consider the grievance of the petitioner for grant of compassionate appointment to the post of Class IV post.
5. I have heard learned counsel for the parties and perused the documents as well as the application moved by the petitioner for grant of compassionate appointment.
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6. From perusal of the pleadings made by the petitioner, it appears that the husband of the petitioner died on 20/12/2016 and she moved application for grant of compassionate appointment on 14/11/2017 however, till date, the application moved by the petitioner is still pending and has not been considered by the respondent authorities.
7. As in the earlier writ petition bearing No.2383/2024 referred by counsel for the petitioner, this Court has directed the State/ the Committee constituted on 13/09/2021 to resolve the dispute with regard to grant of compassionate appointment to the family member of the deceased employees. Hence, it will be appropriate in the present case also that the Committee constituted on 13/09/2021 shall consider the case of the present petitioner within the stipulated period of 60 days from the date of receipt of a copy of this Order, in accordance with law and the policy framed by the State Government.
8. The petitioner is at liberty to apprise the said Committee with regard to the order passed by this Court by producing the same before it.
9. With the aforesaid observation, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar