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2025 DAILYLAW 17837 (CHH)

PRIYANKA KOL v. STATE OF CHHATTISGARH

WPS/2572/2024 · 2025-03-25

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:14244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2572 of 2024 1 - Priyanka Kol Wd/o Late Shiv Kumar Koul Aged About 36 Years R/o Ward No. 01, Bajrang Nagar, Bandhavapara, Nagar Palik Nigam Sakri District Bilaspur Chhattisgarh Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mantralaya, Mahanadi Bhawan, Nava Raipur District - Raipur Chhattisgarh 2 - Engineer In Chief, Water Resources Department, Shivnath Mandal, North Block Sector 19, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 3 - The Collector Durg, District- Durg Chhattisgarh 4 - Chief Engineer, Mahanadi Godawari Kachhar, Water Resources Division Raipur, District Durg Chhattisgarh 5 - Superintendent Engineer Shivnath Mandal Durg District Durg Chhattisgarh Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State : Mr. Risabh Bisen, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 25/03/2025 1. By the present Writ Petition, Petitioner- Priyanka Kol W/o Late Shiv Kumar Koul1 who was working as peon in the Department of Water Resource, is seeking a direction towards the respondents’ authority to 1 Deceased employee RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.25 18:20:59 +0530 2 consider her case for grant of compassionate appointment in accordance with the policy of the State Govt. 2. Learned counsel for the petitioner would submit that the petitioner’s husband has died on 31/10/2023 and she had submitted an application on 21/12/2023 before the Superintendent Engineer for grant of compassionate appointment in lieu of death of her husband, however, the said application is not being considered because the sister of Deceased employee has also submitted a representation before the Authority for grant of compassionate appointment by raising objection of herself and mother of Deceased employee to the application submitted by the petitioner for grant of compassionate appointment. He would next submit that the respondents’ authorities may be directed to consider the application for grant of compassionate appointment in accordance with the policy of the State Govt. 3. Learned counsel for the State would submit that the application dated 21/12/2023 of the petitioner is still pending before the Superintendent Engineer and the same shall be considered in accordance with the policy by examining the grievance of the sister and mother of the Deceased employee within a period of 60 days. 4. I have heard learned counsel for the parties and perused the pleadings. 5. It appears from the pleadings made in the writ petition that the application of the petitioner dated 21/12/2023 is not being considered because of objection raised by the sister and mother of deceased employee. 3 6. Hence, it is directed that the Superintendent Engineer shall consider the application of the petitioner by providing opportunity of hearing to the mother and sister of the deceased employee after issuing notice to them and a decision shall be taken in accordance with the policy of the State Govt. The said exercise be done within a period of 60 days from the date of receipt of copy of this order. The petitioner is at liberty to apprize the order of this Court to respondent No. 5. 7. With the aforesaid directions, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul