STATE OF CHHATTISGARH Vs. UMESH THAKUR

JUDGEMENT

(1.) Division Bench of this Court while hearing this writ appeal (W.A.No.236/2022) against the order dtd. 5/8/2021 passed by the learned Single Judge in W.P.(S)No.3990/2021 finding themselves in disagreement with the decision rendered by another Division Bench of this Court in W.A.No.91/2022 (State of Chhattisgarh and others v. Kevra Bai Markandey and another), decided on 23/2/2022, referred the matter to Hon'ble the Chief Justice (one of us) for constituting a larger Bench to decide the following stated question: - 'When any dependent family member of deceased employee is already in Government service, in that circumstance whether any other member of the family would be deprived for employment on compassionate ground, without consideration of dependancy of family on such Government employee?'

(2.) The aforesaid stated question has arisen for consideration in the following factual backdrop: -

(3.) Shri Than Singh Thakur while working as Peon (Class-IV employee) in NRM Government Girls College, Dhamtari died in harness on 2/7/2019 being survived by widow and two daughters namely Suman Thakur and Bharti Thakur (already in Government job) and one son Umesh Thakur (writ petitioner). Umesh Thakur filed an application claiming compassionate appointment on account of death of his father, but it was rejected by the competent authority holding that he is not eligible for compassionate appointment as per the policy of the State Government, as his sister Bharti Thakur is already working as Assistant Engineer, which Umesh Thakur challenged by way of writ petition which the learned Single Judge on 5/8/2021 allowed and directed the competent authority to reconsider the claim of writ petitioner Umesh Thakur afresh after conducting an enquiry for ascertaining the dependency part and also in respect of any support which the writ petitioner ' Umesh Thakur is getting from his elder sister namely Bharti Thakur, which the State Government challenged on 13/4/2022 by filing writ appeal before this Court, which has been referred to larger Bench.