MAMTA BHARGE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is a classic case where petitioner's husband, being a Constable and part of the anti-naxalite programme "Crake Sec. ", suffered serious bullet injuries and succumbed to death and thereafter, petitioner immediately applied for grant of compassionate appointment wherein she was asked to submit succession certificate and when she filed the succession certificate, her application was rejected branding the application as time-barred.

(2.) The petitioner herein, being the widow of deceased Government servant, calls in question the legality, validity and correctness of the order impugned dtd. 30/05/2015 (Annexure P-1) by which her application for grant of compassionate appointment has been rejected by respondent No. 3 holding that her application was beyond the period of limitation of three years as prescribed by respondent No. 3/State in its Circular.

(3.) Petitioner's husband was a Police Constable and at the relevant point of time, he was posted at Police Station Mardapal, Kondagaon wherein an anti-naxal programme was constituted namely 'crake sec. ' and petitioner's husband was a part of that programme. On 28/05/2007, petitioner's husband with 11 other constables went to the place Puspal where about 250-300 naxalites attacked on them by firing and by explosion of bombs due to which 9 constables died and petitioner's husband received bullet injuries in his right hand. He was taken to the local hospital and thereafter he was referred to M.M.I. Hospital, Raipur where his ring finger was amputated and on 16/06/2007, he was discharged from the hospital. But ultimately on 05/04/2008, petitioner's husband died due to the serious injuries caused to him in the naxalite attack.