VINESH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the impugned letter/communication dtd. 24/12/2019, issued by respondent No. 2, whereby, claim of petitioner for compassionate appointment has been rejected.

(2.) Facts relevant for disposal of this petition are that father of petitioner was working as Class-IV employee with respondents department, who died in harness on 15/3/2016. Petitioner submitted application for compassionate appointment on 14/6/2016 in terms of circular of State Government in this regard. His application came to be rejected on the ground that mother of petitioner is working as Peon and is also a government servant.

(3.) Mr. Amit Soni, learned counsel appearing on behalf of petitioner would submit that respondent No. 3 rejected the application of petitioner for compassionate appointment considering new circular issued by State Government, which is subsequent to the date of death of deceased government servant and submission of application. Father of petitioner died in harness on 15/3/2016. Petitioner submitted application for his appointment on compassionate basis on 14/6/2016 i.e. prior to the date of issuance of new circular dtd. 29/8/2016, therefore, case of petitioner is required to be considered in the light of circular issued by State Government in this regard applicable on the date of death of government servant. He submits that on the said date, circular dtd. 14/6/2013 was in existence, in which there is no such clause of debarring any of the family member of deceased employee for getting compassionate appointment even if any other family member is already in government employment. As respondent No. 3 has considered the claim of petitioner based on the subsequent circular issued by the State Government on 29/8/2016 erroneously, the impugned letter of communication dtd. 24/12/2019 rejecting the claim of petitioner for his compassionate appointment, be quashed and respondents be directed to give appointment to petitioner on compassionate basis.