LAWS(CHH)-2021-9-29

MADHURI SHARMA Vs. STATE OF CHHATTISGARH

Decided On September 16, 2021
Madhuri Sharma Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Aggrieved by the order dtd. 3/6/2021 Annexure P-2 the present writ petition has been filed. Vide the impugned order, the claim of petitioner no. 2 for grant of compassionate appointment has been rejected. The rejection is on the ground that one of the sons of the deceased employee has been found to be in government employment.

(2.) The relevant facts for disposal of the present writ petition are that the husband of petitioner no. 1 and father of petitioner no. 2 was working under the respondents who died in harness on 16/3/2020. On the date of death of the employee, he was survived by his widow and four children that is three sons and one daughter. Petitioner no. 1 is the widow and petitioner no. 2 is one of the sons of the deceased employee who is unmarried and living with her mother i.e. respondent no. 1.

(3.) The contention of petitioner no. 2 is that his two elder brothers and one sister are already married and they have their own family and children to take care of. Further contention of petitioner no. 2 is that his two elder brothers were staying at different places altogether and they were no longer dependent upon the deceased neither were they providing any financial assistance to the widow and petitioner no. 2 for their sustenance. The contention of the counsel for petitioners is that on the date of death of the employee it was the widow i.e. petitioner no. 1 and petitioner no. 2 alone who were directly dependent upon the income of the deceased. It is in this background that petitioner no. 2 had claimed for compassionate appointment which however stood rejected vide the impugned order.