ABHISHEK MAHANT v. CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED
WPS/3560/2021 · 2025-07-29
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19636 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19636 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:37250
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3560 of 2021 * - Abhishek Mahant S/o Late Narmada Prasad Panika Aged About 23 Years R/o Near Swami Medical Store, Devrikhurd, Bilaspur, District Bilaspur, Chhattisgarh
... Petitioner Versus 1 - Chhattisgarh State Power Distribution Company Limited Through Its Managing Director, Chhattisgarh State Power Distribution Company Limited, Dagania, Raipur, District Raipur, Chhattisgarh 2 - The General Manager, Chhattisgarh State Power Distribution Company Limited, Raipur, Chhattisgarh 3 - The Executive Director, Chhattisgarh State Power Distribution Company Limited, Bilaspur, Chhattisgarh 4 - The Additional Chief Engineer Office Of Executive Director, Chhattisgarh State Power Distribution Company Limited, Bilaspur, Chhattisgarh 5 - The Superintending Engineer (City), Circle, Chhattisgarh State Power Distribution Company Limited, Bilaspur, Chhattisgarh
... Respondents For Petitioner : Mr. Hemant Kumar Agrawal, Advocate For Respondents : Mr. Soumitra Keshawani, Advocate holding the brief of Mr. Nirnay Gupta, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30/07/2025
1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That this Hon'ble Court may kindly be pleased to set- aside/quash the impugned order dated 05.07.2019 (Annexure P/1). 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to consider the claim of the petitioner for grant of compassionate appointment, ignoring the delay, in accordance with law. Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.02 18:43:48 +0530
2 10.3 That, any other relief / order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 2. Mr. Hemant Kumar Agrawal, learned counsel appearing for the petitioner would submit that father of the petitioner, who was working on the post of Linemen Category-II died in harness on 06.05.2011. He would contend that an application for grant of compassionate appointment was moved by the petitioner on 14.12.2011, but at that point of time, he was minor, therefore, he was advised to approach after attaining majority. He would contend that the application moved was rejected by the respondent authorities vide order dated 05.07.2019 on the ground that within prescribed limitation period, application was not moved. He would submit that the petitioner attained majority in the year 2016 and thereafter application for grant of compassionate appointment was moved on 25.01.2018 and same has not been decided by the respondent authorities.
He would submit that first application of the petitioner for grant of compassionate appointment was returned on wrong premises. He would pray to set aside the order dated 05.07.2019 and further he would seek direction to the respondent authorities to consider the claim of the petitioner. 3. On the other hand, Mr. Soumitra Kesharwani, learned counsel appearing for the respondents would oppose. He would submit that the petitioner failed to move application for grant of compassionate appointment within limitation period and therefore, his application was returned. He would further contend that according to Circular No. 830 dated 11.04.2018, the petitioner was required to move application for grant of compassionate appointment within period of 03 years from
3 date of death. He would submit that the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. The father of the petitioner, who was working on the post of Linemen Category-II, died in harness on 06.05.2011 and application was moved on 14.12.2011 itself, but at that time, the petitioner was minor, therefore, he moved fresh application on 25.01.2018 after attaining majority. The application moved by the petitioner on 25.01.2018 has not been considered and application which was moved on 14.12.2011 has been rejected on the ground that it was not moved within period of 03 years from date of death. The Circular No. 830, Raipur dated 11.04.2018 permits the dependent to approach the respondent authorities for grant of compassionate appointment after attaining majority. 6. Taking into consideration the above-discussed facts, without making any observation on the merits of the case, the petition is disposed of with a direction to the respondent authorities to decide the pending application of the petitioner dated 25.01.2018 for grant of compassionate appointment expeditiously strictly in accordance with law preferably within a period of 120 days from the date of receipt of copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/-
(Rakesh Mohan Pandey)
Judge vatti