MEENA SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner who is married daughter of deceased- Amritlal Sidar, has filed present writ petition challenging the order dtd. 16/12/2019 (Annexure P/1) passed by respondent No. 1 by which the petitioner's representation for grant of compassionate appointment has been rejected on the count that as per policy for grant of compassionate appointment dtd. 28/2/2004, application should have been filed within one year and since the application has been filed after the limitation provided under the circular, the same cannot be considered and accordingly, it has been rejected.

(2.) The brief facts as reflected from the record are that the petitioner, who is married daughter of deceased- Amritlal Sidar working as Attendant Grade-II in the office of Executive Engineer, Sub- Station, Bilaspur and posted at Raigarh, expired on 29/10/2007. Thereafter, his son applied for grant of compassionate appointment on 2/1/2013 by submitting his application in the office of Executive Engineer, Sub-Centre, Chhattisgarh State Power Distribution Company Limited, Bilaspur. During pendency of the application, brother of the petitioner namely Shankarlal Sidar also expired on 9/4/2015, thereafter, she has filed the application for grant of compassionate appointment on 4/9/2019. It has also been contended that earlier the petitioner has filed WPS No. 8473/2019 before this Court as her application for grant of compassionate appointment was pending before the respondent authorities. This Court considering the submission has directed respondent No. 2 to decide the representation of the petitioner for grant of compassionate appointment within a period of 90 days from the date of receipt of copy of the order. In pursuance of the direction issued by this Court, respondent No. 4 has decided the representation and rejected the same for the reason that the application is belated one.

(3.) Learned counsel for the petitioner would submit that earlier there was no provision for grant of compassionate appointment to a married daughter and this provision has been inserted w.e.f. 29/8/2016 by the State Government in view of judgment passed by this Court in case of Chandrani Sinha Vs. Chhattisgarh State Electricity Holding Company Limited, Daganiya, Raipur (C.G.) and another 2016 (Labour and Industrial Cases) 4527 as well as the judgment passed by Hon'ble the Division Bench of this Court in Writ Appeal No. 525 of 2016 decided on 21/11/2016 thereafter she filed the application for grant of compassionate application, as such, it cannot be said that the application for grant of compassionate appointment is belated one. He would further submit that rejection of the application for alleged delay is against the law laid down by this Court in case of Smt. Bhunbaisahu Vs. State 2002 (1) CGLJ 257 and would pray for quashing of the impugned order dtd. 16/12/2019 (Annexure P/1).