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2025 DAILYLAW 9685 (CHH)

SAGAR GUPTA v. STATE OF CHHATTISGARH

WPS/1542/2025 · 2025-03-03

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:10368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1542 of 2025 Sagar Gupta S/o Late Laxmikant Gupta Aged About 27 Years R/o Sonipara, Mahamaya Ward No. 4, Nagar Panchayat Pipariya Post- P.S. And Tahsil - Pipariya District- Kabirdham (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan Mantralay, Atal Nagar, Nawa Raipur District Raipur (C.G.) 2 - The Director, Public Instructions, Directorate Atal Nagar Nawa Raipur District- Raipur (C.G.) 3 - The Collector, District Kabirdham (C.G.) 4 - The District Education Officer, Kabirdham District- Kabirdham (C.G.) ... Respondents For Petitioner : Mr. Sandeep Kumar Sharma, Advocate on behalf of Mr. Santosh Kumar Pandey, Advocate For State/Respondents : Mr. Akhilesh Kumar, G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.03.2025 1 Heard Mr. Sandeep Kumar Sharma, learned counsel holding brief of Mr. Santosh Kumar Pandey, learned counsel for the petitioner YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.18 10:06:28 +0530 2 and Mr. Akhilesh Kumar, learned Government Advocate, appearing for the State/respondents. 2 The petitioner has prayed for following relief(s):- “10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner for its kind perusal. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent no.2 to 4 to consider the application of petitioner for grant of compassionate appointment with immediate effect to the post of Class III Employee/Asst. Teacher Science (Laboratory).” 3 By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to grant him compassionate appointment in lieu of death of his father. 4 It is an admitted fact that the petitioner is the son of late Shri Laxmikant Gupta, who was working as Assistant Teacher (LB) and was posted at Government Primary School Dhanaura, Block Kawardha, District Kabirdham, C.G. He died on 21.06.2024 and after death of his father, the petitioner submitted an application before the appropriate authority for appointment on compassionate ground and he is running from pillar to post for redressal of his grievance, but the same does not fructify. 3 5 Learned counsel for the petitioner submits that on account of death of father of the petitioner, he has applied for compassionate appointment on 19.07.2024 and after scrutinizing the documents, respondent No.4 has orally intimated the petitioner to join the service as Class IV employee, but the petitioner refused the same and made application before respondent No.3 on 07.08.2024. The respondent No.3 while considering the said application, on 11.09.2024, directed the respondent No.4 to consider the claim of the petitioner in accordance with applicable rules, which was forwarded to respondent No.2 for necessary action. The petitioner further made an application on 13.12.2024, which is also kept in abeyance without any rhyme or reason and the same has not been considered and decided by the respondent authorities till date though the petitioner has made several reminders for consideration of his application for compassionate appointment. 6 Learned State counsel, on the other hand, submits that respondent authorities will decide the application of the petitioner within the time frame granted by this Court. 7 I have heard learned counsel for the parties and perused the documents as well as the application moved by the petitioner for grant of compassionate appointment. 8 From perusal of the pleadings made by the petitioner, it appears that the father of the petitioner died on 21.06.2024 and he moved application for grant of compassionate appointment on 4 19.07.2024, however, till date, the application moved by the petitioner is still pending and has not been considered by the respondent authorities. 9 Be that as it may, the respondent authorities are directed to consider and decide the application of the petitioner for grant of compassionate appointment as per his qualification within a period of “60 days” from the date of production of this order to the respondent authorities, as the said application is pending since 19.07.2024. 10 The petitioner is at liberty to apprise the respondent authorities with regard to the order passed by this Court by producing the same before it. 11 Accordingly, this writ petition stands disposed of with aforesaid observations/directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh