VIKRAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 11.7.2008 (Annexure P/ 6), whereby the Chief Conservator of forest (Administration/Non -Gazetted), Chhattisgarh, Raipur, intimated the Secretary, Govt. of Chhattisgarh, Forest Department, Raipur, that the petitioner was not entitled to grant of compassionate appointment after a period of three years from the date of death of the deceased father; and the order dated 31.1.2009 (Annexure P/ 10), whereby the representation of the petitioner, pursuant to the order dated 17.1.2008 (Annexure P/8), passed by this Court in Writ Petition (S) No. 6356/ 2008, has been rejected on the same ground.

(2.) RELEVANT facts in brief, as projected, are that the father of the petitioner namely late Shankar Pratap Singh, working as Forest Guard, died in harness on 15.11.2002. The Petitioner made an application for grant of compassionate appointment on 7.1.2003 (Annexure P/1). The mother of the petitioner was informed vide letter dated 13.7.2004 (Annexure P/2) that the petitioner was not major as he would complete 18 years after a period of 3 years and 6 months, therefore, the application may be made subsequently. The conservator of Forest, Surguja Circle, Ambikapur vide communication dated 4.1.2007 (Annexure P/3) informed to the Divisional Forest Officer, Koria Forest Division, Baikunthpur that the petitioner has not completed 18 years, therefore, it is recommended by the Circle Level Committee, to keep the case pending. Again on 5.1.2008 (Annexure P/4) the Divisional Forest Officer, Koria Forest Division, Baikunthpur wrote to the Conservator of Forest, Surguja Circle, Ambikapur that since the petitioner has completed 18 years on 10.7.2007, the case of the petitioner should be considered sympathetically for grant of compassionate appointment.

(3.) THE respondent No.2, Chief Conservator of Forest (Administration/ Non -Gazetted), relying on the amended circular dated 23.7.2003, came to the conclusion that the case for grant of compassionate appointment should have been considered within a period of three years from the date of death of the deceased employee and as such after completion of 3 years period from the date of death of late Shri Shankar Pratap Singh on 15.12.2002, the petitioner was not entitled to compassionate appointment.