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2025 DAILYLAW 2050 (CHH)

Smt. Shakuntala Khute v. State Of Chhattisgarh

WPS/6099/2016 · 2025-01-22

Shri Sanjay K Agrawal

body2025

Judgment text

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1 2025:CGHC:3997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6099 of 2016 Smt. Shakuntala Khute, D/o. Shri Saheb Lal Khute, Aged About 32 Years, R/o. Village Godi, Post Godi, Tahsil And District Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through Secretary, Panchayat & Social Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Land Records Section, Korba, District Korba, Chhattisgarh. ... Respondents For Petitioner : Mr. Anurag Sonwani, Advocate appeared on behalf of Mr. C.Jayant K. Rao, Advocate For Respondents : Mr. Ashutosh Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.01.25 11:55:33 +0530 2 22.01.2025 1. The present writ petition is directed against the order dated 29.06.2016 (Annexure P-1), passed by the Collector, Korba, by which the petitioner's application for grant of compassionate appointment has been rejected. 2. Learned counsel for the petitioner submits that the petitioner's application for grant of compassionate appointment has been rejected by recording a finding, which is perverse to the record. 3. Learned State counsel submits that the wife of deceased is already working as Shiksha Karmi Grade-II and the petitioner (sister of deceased) was unmarried, therefore, as per Clause 6 of the Circular dated 14.06.2013, the petitioner's application has rightly been rejected. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Clause 6 of the applicable Circular/Policy dated 14.06.2013 states as under : “6. अविावित शासकीय सेक के विध ोे पर अुकम्पा वियुवि :- ऐसे शासकीय सेक की मृत्यु ोे पर, जो अविावित ै (अथा विधुर ै और उसको कोई पु्ቔ/पु्ቔी ीं ै) तो ऐसे वि#ंगत शासकीय सेक के (माता/विपता की अुशंसा पर) भाई/अविावित ब को 3 अुकम्पा वियुी की पा्ቔता ोगी" ('kklu ds la'kksf/kr funsZ'k fnukad 22@03@2016 vuqlkj "HkkbZ@vfookfgr cgu" dks foyksfir fd;k tkdj mlds LFkku ij 'kCn "HkkbZ@cgu" izfrLFkkfir fd;k x;k gS) 6. A careful perusal of Clause 6 of the Circular dated 14.06.2013 would show that if an unmarried government servant dies, then on the recommendation of father & mother of unmarried government servant, his brother/ unmarried sister is entitled for compassionate appointment and this is not the case herein, as the deceased government servant was already married to Smt. Kranti Khunte on the date of his death and his wife was already working as Shiksha Karmi Grade-II. 7. It is not in dispute that the deceased was married and his wife was already working as Shiksha Karmi Grade-II at Sarguja District and petitioner (sister of deceased) was unmarried, therefore, as per clause 6 of the policy dated 14.06.2013, which is applicable, the petitioner is not entitled for compassionate appointment. As such, I do not find any merit to entertain this petition and accordingly, it is dismissed. Sd/- (Sanjay K. Agrawal) Judge Ashok