MAHENDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed by the petitioner for grant of compassionate appointment on the count that his father who was working as Sahayak Antrik Lekha Parikshan Avam Kararopan Adhikari with respondent No. 3, expired on 7/9/2011. After death of petitioner's father, the petitioner moved an application for grant of compassionate appointment on 5/12/2011 (Annexure P/4), which has not been decided by the authorities, therefore, the petitioner has filed the instant petition.

(2.) Learned State counsel has filed its return, in which, they have stated that the case of the petitioner has been considered in terms of policy dtd. 14/6/2013 according to which, if any family member is in government job, the dependent of his family is not entitled to get compassionate appointment.

(3.) From records, it is quite clear that petitioner's father expired on 7/9/2011, therefore, as per the law laid down by Hon'ble the Supreme Court in Malaya Nanda Sethy Vs. State of Orissa and others 2022 SCC OnLine SC 684, case of the petitioner should be considered at the time of death of petitioner's father, wherein, it has been held at paragraph 7, 15 and 16 as under:-