PURENDRA KUMAR SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner takes exception to the impugned order dtd. 14/9/2018 (Annexure P-1) by which his application for compassionate appointment has been rejected finding no merit on the ground that his brother namely, Dinesh Kumar Sinha is already on Government job (Indian Army).

(2.) Chandrabhushan Sinha -father of the petitioner herein, while working as Assistant Grade-II in the establishment of the Government died in harness on 3/12/2017 leading to filing of application claiming compassionate appointment on 2/1/2018 which has been rejected now by the competent authority vide Annexure P-1 in view of paragraph 2 of the circular dtd. 29/8/2016 (Annexure R-1) holding that brother of the petitioner is already in Government service, therefore, in the light of that circular, the petitioner is not eligible to be considered for the post on compassionate basis which has been sought to be challenged in this writ petition on the ground that enquiry ought to have been made as to whether his brother who is already in service is not supporting the petitioner, therefore, enquiry has to be made on dependency and then only the application ought to have been considered.

(3.) Return has been filed by the State/respondents stating inter alia that the application for compassionate appointment has rightly been rejected, as the petitioner's brother is already in Indian Army and in view of the circular Annexure R-1, the petitioner is not entitled to be considered for compassionate appointment.