Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 23131 (CHH)

Shail Jaiswal v. State Of Chhattisgarh

WPS/1306/2017 · 2025-07-15

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:33179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1306 of 2017  Shail Jaiswal D/o Shri Ganpat Lal Jaiswal, Aged About 33 Years R/o Village Sharda Nagar Bodla, Tahsil Bodla, District Kabirdham Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Social Services, Mantralaya, Naya Raipur, Raipur Chhattisgarh., Chhattisgarh 2. Collector, Kabirdham, District Kabirdham, Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh 3. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s) For Petitioner : Ms. Ruchi Nagar, Advocate For State : Mr. Raj Kumar Gupta, Addl. A.G. For Respondent No. 3 : Mr. Gary Mukhopadhyay, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 16-07-2025 1) By way of this petition, petitioner has sought following reliefs:- 10.1) Kindly be pleased to quash the impugned order Dated 24.08.2016 issued by the Deputy Secretary, Panchayat & Rural Development 2 Department, State of C.G. 10.2) Kindly be pleased to direct the respondent to consider the candidature of the petitioner for Compassionate appointment on the post of Panchayat Secretary, as per circular Dated 08.01.2016 (P/4) issued by the Panchayat & Rural Development Department. 10.3) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice. 2) Learned counsel for the petitioner submits that elder brother of petitioner, namely, Basant Jaiswal, who was working on the post of Teacher (Panchayat) died in harness on 19.02.2015. She further submits petitioner moved application for grant of compassionate appointment on 09.05.2016 before Chief Executive Officer, Zila Panchayat, Kabirdham which remains pending till date. She contends that a circular was issued by the State of Chhattisgarh on 08.01.2016 with regard to grant of compassionate appointment to the dependents of Teacher (Panchayat) and a clarificatory circular was also issued by the State of Chhattisgarh on 30.08.2016. She further contends that a direction may be issued to the respondent No. 3 to consider the pending application moved by the petitioner for grant of compassionate appointment within stipulated time. 3) Mr. Mukhopadhyay, counsel appearing on behalf of respondent No. 3 submits that brother of petitioner expired prior to issuance of circular dated 08.01.2016, therefore petitioner is not entitled to receive benefit of that circular. He further submits that this petition 3 deserves to be dismissed. 4) Learned State counsel supports the submission made by Mr. Mukhopadhyay. 5) Heard learned counsel for the parties and perused the documents placed on record. 6) Taking into consideration the fact that application moved by the petitioner for grant of compassionate appointment dated 09.05.2016 is pending consideration till date before respondent No. 3, therefore without commenting anything on the merits of case, this petition is being disposed of directing Chief Executive Officer, Zila Panchayat, Kabirdham to decide the pending application moved by the petitioner expeditiously within period of 120 days from today. 7) With the aforesaid direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.16 14:09:10 +0530