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2025 DAILYLAW 53888 (CHH)

RAJA BHARTI v. STATE OF CHHATTISGARH

WPS/3960/2023 · 2025-11-24

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:57348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3960 of 2023 1 - Raja Bharti S/o. Shri Rajkumar Bharti Aged About 23 Years R/o. Santoshi Nagar, Mathpurena, Simran City, Sweeper Colony, Raipur Tahsil And Dist. Raipur (C.G.), District : Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration, Mahanadi Bhawan, Atal Nagar New, Raipur, District : Raipur, Chhattisgarh. 2 - Municipal Corporation, Through The Commissioner, White House, Gandhi, Chowk, Raipur,, District : Raipur, Chhattisgarh. 3 - Zone Commissioner, Zone No. 6, Municipal Corporation, Interstate Bus Stand, 3rd Floor, Rawanbhata, Raipur, District : Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. J.K. Gupta, Advocate. For Respondent(s)/State : Mr. Shakib Ahmed, Panel Lawyer For Respondents No. 2 & 3 : Mr. Abhijeet Mishra, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/11/2025 RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 1. By way of this petition, the petitioner has prayed for following reliefs:- “1-That the Hon'ble Court may be kind enough to call the record of the petitioner. 2-That the Hon'ble Court may be kind enough to issue any Writ/ writs, order/ orders, Direction/ directions in the circumstances of the case to command the respondents to consider the application of the petitioner for compassionate appointment and also direct the respondents to act upon and grant appointment. 3-That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction to the respondents to pay the monetary benefits attached to the post from the date of filing application for compassionate appointment.” 2. Brief facts of the case, is that, the grandmother of the petitioner, who was serving as a Safai Karmi, passed away on 16.08.2019; the petitioner thereafter submitted an application for compassionate appointment on 19.10.2022, which was neither rejected nor accepted but was kept pending. The petitioner asserts that the application was filed within the stipulated period of three years from the date of death of his grandmother, after excluding the extended limitation period granted by the Hon’ble Supreme Court in the suo motu proceedings during the COVID-19 lockdown, which lasted until 01.03.2022, and the application was also supported by an affidavit of the daughter of the deceased employee, who had lost her husband earlier and was left with her daughter and the petitioner. As the respondents failed to consider 3 the petitioner’s application for compassionate appointment, the present petition has been filed. 3. Learned counsel for the petitioner submits that the petitioner’s application seeking compassionate appointment has not yet been adjudicated by the competent authority and continues to remain pending consideration, despite the lapse of a considerable period, thereby necessitating appropriate directions from this Hon’ble Court for its expeditious disposal in accordance with law. 4. On the other hand, learned counsel for respondents No. 2 and 3 submits that the respondents shall take an appropriate decision on the application filed by the petitioner within a stipulated period, and necessary orders in this regard will be passed in accordance with law after due consideration of the petitioner’s claim. 5. Considering the overall facts and circumstances of the case, and taking into account that the petitioner’s application was submitted long ago on 19.10.2022 and has remained pending without any decision, it is hereby directed that the concerned respondents shall expeditiously consider and decide the said application strictly in accordance with law, within a period of 30 days from the date of receipt of copy of this order. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat