PRENA JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the order dtd. 6/8/2021 Annexure P-1 the present writ petition has been filed. Vide the impugned order, the claim of petitioner for grant of compassionate appointment has been rejected. The rejection is on the ground that the elder brother of petitioner has been found in government employment.

(2.) The facts of the case in brief are that the father of petitioner namely Jayanti Lal Jain was working as a Head Master in Govt. Primary School who died in harness on 6/4/2021. On the date of death of the employee, he was survived by his widow, the petitioner and one elder son.

(3.) The contention of the counsel for petitioner is that on the date of death of the employee on 6/4/2021 it was the widow and the petitioner who were directly dependent upon the income of the deceased. As regards the elder brother of petitioner, he was married long before the death of employee and had also received employment much before the death of the employee and as such, he was not dependent upon the income of the deceased employee. Further contention of petitioner is that since the elder brother was already married long before the death of employee and was staying at a different place altogether, the said elder brother was no longer dependent upon the deceased neither was he providing any financial assistance to the widow and the petitioner for their sustenance. The elder brother and his family were a separate unit altogether and on account of the employment of the elder brother, the claim for compassionate appointment to the petitioner cannot be refused or rejected. The contention of the petitioner is that the respondent authorities ought to have conducted an inquiry for ascertaining the dependency part and only thereafter they should have rejected the claim of petitioner. Thus, the impugned order to that extent deserves to be set aside/quashed and matter needs to be remitted back to the authorities for a fresh consideration after due scrutiny and ascertainment of the aforesaid facts.