VIJAY NIGAM Vs. STATE GOVT. OF CHHATTISGARH

JUDGEMENT

(1.) Smt. Radhika Nigam, wife of Shri Rameshchandra Nigam, while working in the post of Medicine Maker with respondent No. 2, died in harness on 13/06/2014. Petitioner, being the brother of deceased Radhika Nigam, on the strength of Will dtd. 17/04/2014 executed by Radhika Nigam in his favour, is claiming compassionate appointment from respondent No. 2 by way of this writ petition.

(2.) Mr. U.R. Koshaley, learned counsel for the petitioner, would submit that respondent No. 2 is absolutely unjustified in not considering the case of the petitioner and not granting compassionate appointment to him being the brother of deceased Radhika Nigam in terms of Circular dtd. 14/06/2013 issued by the State Government. He would further submit that on the basis of the Will dtd. 17/04/2014 executed by Radhika Nigam in favour of the petitioner, he is entitled for grant of compassionate appointment.

(3.) On the other hand, Mr. Ravi Bhagat, learned State counsel, would submit that petitioner's claim for compassionate appointment is barred by Clause 5 ( ) of the Circular dtd. 14/06/2013 issued by the State Government as on account of death of a married Government servant, his/her widowed husband/wife would be entitled for compassionate appointment. In the instant case, since deceased Radhika Madan was already married, her widowed husband would be entitled for compassionate appointment, as such, this writ petition deserves to be dismissed.