KOMAL PRASAD DHRUV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner's father Shri Shyam Lal Dhruv working on the post of Assistant Gram Panchayat Officer, Gram Panchayat Gadamor, Janpad Panchayat Navagarh, District Durg, died in harness on 06/01/2007. Petitioner herein being son made an application in prescribed format on 12/03/2007 (Annexure P3) for grant of compassionate appointment to the Deputy Director, Panchayat and Social Welfare, District Durg (respondent No. 3 herein). The respondent No. 3 forwarded the said application to the Chief Executive Officer, Janpad Panchayat Navagarh, District Durg (respondent No. 6 herein) for necessary action. The respondent No. 6 sent all the documents to the respondent No. 3 and also sent the original papers to the Chief Executive Officer, Zila Panchayat, Durg (respondent No. 5 herein) stating that since the salary of the deceasedLate Shri Shyam Lal Dhruv was drawn from the Office of the Chief Executive Officer, Janpad Panchayat Navagarh, District Durg, therefore, it is being sent to him as the services of Assistant Gram Panchayat Officer has already been handed over to Janpad Panchayat on 18/08/2006, and request earlier made was reiterated by order dated 03/09/2007 (Annexure P7) and in turn, the respondent No. 6 sent the matter to the Collector Durg (respondent No. 4 herein) for taking decision on his application in accordance with law and copy was endorsed to respondent No. 5 for needful action. The said application remained pending in the Office of respondent No. 4 leading to issuance of reminder by respondent No. 6 to the respondent No. 5 dated 03/12/2010 (Annexure P10) for taking decision on the application filed by the petitioner but no decision was taken by competent authority i.e. Collector Durg, respondent No. 4.

(2.) Ultimately, the petitioner filed W.P.(S) No. 4012/2011 (Komal Prasad Dhruv v. State of C.G. and Others) before this Court, seeking expeditious consideration of his application for compassionate appointment in which, it was directed by order dated 26/07/2011 to the respondent No. 4 i.e. Collector Durg to decide the case of the petitioner relating to compassionate appointment in accordance with law as expeditiously as possible, which was brought to the notice of respondent No. 4 by petitioner through application dated 08/08/2011 (Annexure P12).

(3.) Thereafter, the respondent No. 4 took two years in considering the application and finally by its order dated 01/07/2013 placing reliance on circular issued by the State Government dated 03/03/2011 and the executive instructions relating to compassionate appointment issued on 14/06/2013 held that petitioner's case is time barred, as he has not made an application within three months from the date of death of his father and sent the original application to the Deputy Director, Panchayat and Social Welfare, District Durg (respondent No. 3 herein) with a copy to the petitioner.