SHIFA JACOB Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the Petitioner is questioning the legality and propriety of the order/letter dtd. 19/2/2021(Annexure P-1) passed by District Education Officer, South Bastar, Dantewada (CG), whereby the application filed by the Petitioner seeking appointment on compassionate ground owing to the sad demise of her father, namely, Anup Kumar Jacob, has been refused.

(2.) From perusal of the record, it appears that the father of the Petitioner namely, Anup Kumar Jacob, who was the Head Master in Government Primary School, Geedam, District Dantewada, has died on 17/7/2020 and immediately after the sad demise of father, the Petitioner being an unmarried daughter has moved an application seeking compassionate appointment as according to her, the mother though, was in government job, but was living separately from her father without providing any financial help to the Petitioner and her family members. It is contended further that since the Petitioner was completely dependent upon her father, therefore, she is entitled to be appointed on compassionate ground. However, her claim has been refused by the concerned authority, while referring to the government policy, wherein, it has been provided that if one of the members of the deceased employee is in government job, then, in the said condition, the other family members would not be entitled to be appointed on compassionate ground and, since the Petitioner's mother namely-Smt. Bizan Bala Jacob is in government job, therefore, the Petitioner is not entitled to be appointed as such and, the claim of the Petitioner has, thus, been refused.

(3.) The aforesaid order has been questioned by the Petitioner mainly on the ground that it has been passed without considering her dependency upon the father, and therefore, it is contended by the counsel for the Petitioner that the order impugned deserves to be set aside and, in support, has placed his reliance upon the decision rendered by this Court in the matter of Sanad Kumar Shyamale v. State of Chhattisgarh and Others decided on 9/2/2021 in WPS No. 407/2021.