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2025 DAILYLAW 2820 (CHH)

KU. YASHASHVEE DHARYA v. STATE OF CHHATTISGARH

WPS/231/2025 · 2025-01-13

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:1927 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 231 of 2025 • Ku. Yashashvee Dharya D/o Shri Ratan Dharya Aged About 22 Years R/o Kalika Nagar Tifra, Tahsil And District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, District Raipur Chhattisgarh. 2. Directorate Of Public Instruction Indravati Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 3. The Collector Jashpur, District Jashpur Chhattisgarh. 4. District Education Officer District Jashpur Chhattisgarh. 5. Block Education Officer Block Bagicha District Jashpur Chhattisgarh. 6. Principal Government Higher Secondary School Raikera Block Bagicha District Jashpur Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner : Mr. Aakash Singh, Advocate. For Respondent/State : Mr. Saumitra Kesharwani, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issued direction for respondent authorities to given joining to petitioner pursuant 31.05.2022. to appointment order dated 31.05.2022. 10.2 That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to decide the claim of petitioner with in stipulated time. 10.3 Any other relief which this Hon'ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.” 2. Brief facts of the case, is that, the father of petitioner namely Late Shri Ratan Kumar Dharya duly appointed on the post of Shiksha Karmi, thereafter, as per Government Policy his service was absorbed by School Education Department and was posted on the post Lecturer (L.B.) in Government School Higher Secondary School Sohagpur, Block Kartala District- Korba (C.G.). During the 3 service, father of petitioner has been died on dated 21.03.2022, till time of death no any inquiry is pending or decided against the Late Shri Ratan Kumar Dharya, the father was only bread winner of family, due to sudden death of father family of petitioner has facing financial crises. After death of father, the petitioner being daughter of deceased employee filed application for grant compassionate appointment with all requisite document along with consent latter of other family member before the District Education Department, Korba District- Korba on 23.05.2022. The respondent authorities were not taking any action upon the application submitted by petitioner, the petitioner was made every endeavour for grant of compassionate appointment but he has not received any response, the petitioner has also submitted reminder letter on 24.03.2023 before all the competent authorities, but she did not receive any response. On 12.08.2024 while the petitioner visited office of District Education Officer, Korba, she first time came to know that her case for grant compassionate appointment was send to DEO District-Jashpur, the petitioner went to District Education Officer, Jashpur on 03.10.2024 and obtained appointment order dated 31.05.2022 issued by respondent No. 04 in favour of petitioner. The petitioner appeared before respondents No. 05 and 06 for her joining, the respondent No. 05 send letter for medical examination on 4 08.10.2024 to Medical Officer of District Hospital Jashpur, the medical examination of petitioner conducted and she was found fit for appointment, the petitioner again appeared before respondents 05 and 06 but till date the respondent authorities have not taken any action, and have also or not given joining to the petitioner. The petitioner is daughter of the deceased employee, therefore, she is entitled for compassionate appointment, the appointment order has been issued but even though she is not allowed to join. 3. Learned counsel for the respondents submits that though appointment order was passed on 31.05.2022 but till date her joining has not been taken. He further submits that he has taken instruction according to which within 10 days the petitioner will be given joining as per her appointment order dated 31.05.2022. 4. In view of above, the instant petition is hereby allowed. 5. The concerned respondents are directed to give joining to the petitioner within a period of 15 days. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat