DHARAM DAS KHANDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition assailing the order dtd. 4/2/2017 (Annexure P/5) issued by Additional Commissioner (Excise), by which the claim of the petitioner for appointment on the post of Shiksha Karmi Grade-III on compassionate appointment has been rejected on the count that petitioner's brother - Kunwar Balwan Khande was appointed as Shiksha Karmi Grade-III, as such, the petitioner has filed this writ petition with a prayer that the respondents may kindly be directed to consider the appointment of the petitioner on compassionate ground.

(2.) It is second round of litigation as earlier the petitioner has filed WPS No. 2350/2010 assailing the legality and propriety of the order dtd. 3/2/2020 by which application for giving compassionate appointment to the petitioner younger brother of Kunwar Balwan Khande, has been rejected. The said writ petition was withdrawn on 16/6/2010 with liberty to prefer the representation to the State Government as according to the petitioner Commissioner (Excise) has wrongly interpreted the government's policy for grant of compassionate appointment. In pursuance of the liberty granted by this Court, the petitioner has filed representation which has been rejected on 6/2/2017.

(3.) The brief facts as projected by the petitioner is that the petitioner's father - Shri Resham Lal Khande, who was working as Excise Constable expired on 10/7/2007 and thereafter, petitioner's brother-Kunwar Balwan Khande was considered to be appointed on the basis of compassionate appointment as Shiksha Karmi Grade-III and accordingly, Chief Executive Officer Mungeli was directed to issue appointment order in name of brother of the petitioner namely Kunwar Balwan Khande vide order dtd. 16/5/2008 (Annexure P/2).