Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:15574
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 460 of 2025 1 - Sajan Kumar Suryavanshi S/o Late Shri Ram Prasad Suryavanshi Aged About 42 Years R/o Ward No. 64 Mahamaya Nagar Birkona, Bilaspur Distt. Bilaspur (C.G.)
... Petitioner(s) versus 1 - Chittaranjan Khaitan Presently Working As The Secretary Ministry Of Water Resources Department, Chhattisgarh, Mahanadi Bhavan New Raipur (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Avadhesh Mishra, Advocate. For Respondent(s) : None
Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.03 16:05:55 +0530
2 03.04.2025
1. The petitioner has preferred the present contempt petition stating that while deciding the writ petition filed by the petitioner WPS No. 4272/2020, this Court has passed the following order:-
“5. It is not necessary to post a dependent of a deceased employee on a particular post of his choice, he/she may be offered employment on a Class-IV post. Though there was a Policy in the years 2011 and 2016 to offer a dependent of a deceased employee to the post of Shiksha Karmi Grade- III, such dependent may be provided employment in the Class-IV post. Further, the Policy dated 26.10.2023 states that the claim for compassionate appointment would be considered against sanctioned and vacant posts available with the CIDC. It is informed by the Advocates appearing for the CIDC that there are only 9 employees in the department and all are on deputation, meaning thereby, in future, there is no possibility of arising out of any vacancy to consider the claim of the petitioners, therefore, such policy appears to be a farce. It is also informed that the matter was referred by the Department to the State to consider the claim of the petitioners against any vacancy arising with the Municipal Corporations, Municipalities or Board etc. but till date, no decision has been taken.
6. Taking into consideration the above-stated facts, the respondent/Secretary, Water Resources Department is
directed to consider the claim of the petitioners afresh. The decision taken by the respondent authorities, whereby the claim of the petitioners for compassionate appointment was rejected, is hereby quashed. It is expected that the Secretary, Water Resource Department shall consider and pass order(s) with regard to the claim of the petitioners for compassionate appointment, in CIDC or any Municipal Corporation, Municipalities, Board etc. if posts are lying
3 vacant there, within a period of 90 days from the date of receipt of a copy of this order(s).
7. With the aforesaid observation(s) and direction(s), these petitions are disposed of.”
2. However, in spite of the order passed by this Court, the Secretary Water Resource Department has not considered the claim of the petitioner for grant of compassionate appointment.
3. Heard the counsel for the petitioner.
4. It appears from the order of this Court in WPS No. 4272/2020 that there was no direction to the Secretary Water Resource Department to consider the claim of the petitioner, however it was expected by the Court that the Secretary shall consider the grievance of the petitioner within a period of 90 days. As per the pleading, the petitioner has submitted a representation before the Secretary on 17.12.2024 by apprising about the order of this Court, however the same has not been considered. Hence, the Contempt petition is
disposed of with a liberty to the petitioner to pursue his representation pending before the Secretary. Sd/-
(Bibhu Datta Guru) Judge Shoaib