Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:40480
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 214 of 2022 1 - Chaiti Bai Mandavi W/o Late Shyamlal Mandavi Aged About 34 Years R/o Ward No. 03, Chhuikhadan, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh. 2 - Lalit S/o Late Amritlal Sonteke Aged About 22 Years R/o Village Chhuikhadan, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh. 3 - Anuradha W/o Sonu Valmiki Aged About 35 Years R/o Ward No. 10 Chhuikhadan, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary , Rural Development Department , Mantralaya Mahanadi Bhawan, Atal Nagar , Raipur , District Raipur Chhattisgarh. 2 - Chief Municipal Officer Nagar Panchayat Chhuikhadan, District Rajnandgaon Chhattisgarh.
--- Respondent(s) For Petitioner(s)
: Mr. Pramod Ramteke, Advocate For State : Mr. Sanjeev Kumar Agrawal, PL Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
12.
08.2025
1. Heard.
2. The petitioners have filed this petition seeking following relief(s) :
“10.1 That, this Hon'ble Court may kindly be pleased to issue on appropriate writ by commanding and directing the respondents authority to released the grant amount within stipulated period looking to financial condition of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the petitioners application for compassionate grant in light of para 17 of Policy dated 14.06.2013.
2 10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.”
3. The facts of the present case are that late Amritram Sonteke was working as daily rated employee under respondent No.2. He died on 18.08.2019 while he was in service. The petitioners are his legal representatives. The petitioners have claimed compensation according to the provisions of Clause 17 the Policy for compassionate appointment dated 14.06.2013.
4.
Learned counsel appearing for the petitioners would submit that the petitioners made representations for grant of compassionate appointment and release of admissible dues but till date no action has been taken. He would pray to allow this petition.
5. On the other hand, learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Ramteke. He would submit that late Amritlal Sonteke was working as daily rated employee under respondent No.2, therefore, his dependents are not entitled for compassionate appointment. He would pray that the present petition deserves to be dismissed.
6. I have heard learned counsel appearing for the parties and perused the documents placed on record.
7. Admittedly, late Amritlal Sonteke was working as daily rated employee under respondent No.2, who died on 18.08.2019. According to the Circular issued on 14.06.2013, the dependents of the deceased employee are not entitled for compassionate appointment rather they are entitled for compensation to the tune of Rs.1,00,000/- according to the Clause 17 the Policy for compassionate appointment dated 14.06.2013 which reads as under :
"17.
दैनिक वेत भो गी /
सीधी भोरत सी सीनिवेदै पर नियुक्त
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दिदैवेगीत कर्मचार क सीबंधी र्म.
दैनिक वेत भो गी /
सीधी भोरत सी
सीनिवेदै पर नियुक्त कर्मचार क दिदैवेगीत हो पर उसीक आश्रि त
परिरवेर क सीदैस्यु क अकम्पा नियुक्तिक्त क& पत्रत हो( हो गी)
परन्त दिदैवेगीत दैनिक वेत भो गी /
सीधी भोरत सी सीनिवेदै पर
नियुक्त कर्मचार (
सीवेनिवे+त्त कर्मचारिरयु- क छो ड़कर)
क& निरतर 2
वेर्ष क& सीवे प1र्ण हो चाक& हो ,
त उसीक आश्रि त परिरवेर क
र्मनिकत सीदैस्यु क एकर्मश्त रशि6 एक लाख रूपयु "अकम्पा अदै"
क रूप र्म दै: जायुगी।"
8. Considering the issue involved in the present case, this petition is disposed of with a direction to respondent No.2/Chief Municipal Officer, Rajnandgaon (C.G.) to consider the claim of the petitioners in accordance with Clause 17 the Policy for compassionate appointment dated 14.06.2013 within a period of three months from the date of receipt of a copy of this order.
9. With the aforesaid observation, the writ petition stands disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge Rekha