OMENDRA SHAH KUNJAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant intra-court appeal arises from the order dated 28.11.2011 passed by the learned Single Bench in W.P.(S) No.7042/2011 (Annexure A-1), whereby, the writ petition was dismissed.

(2.) THE facts, in brief, as projected by the appellant before the Single Judge was that the father of the petitioner namely Shri Vikram Shah Kunjam, working as Village Assistant (Gram Sahayak) died on 05.08.1992 in harness. THEreafter, the petitioner made an application on 21.08.2009 for grant of compassionate appointment. THE respondent No.2, by the impugned order dated 06.02.2010 (Annexure P-1) rejected the application on the ground that under memo No.F/7-4/2002/1-3, Raipur, dated 10.06.2003, issued by the General Administration Department, Government of Chhattisgarh, the application for compassionate appointment may be made within three or six months from the date of death of the employee. Accordingly, the application was rejected. THEreafter, some representations were made, which were of no relevance in the petition.

(3.) MERE death of an employee does not entitle the dependants to claim compassionate appointment if the family members could sustain themselves financially from other sources. The petitioner has been able to sustain himself for about 17 years after the death of his father.