SARFARAJ AHMED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD learned counsel for the parties. 1. The petitioner is challenging the impugned order dated 13 -1 -2011 (Annexure ­ P/7) passed by the Chief Medical & Health Officer, Jashpur, whereby his application for grant of compassionate appointment has been rejected.

(2.) AT the time of death i.e. on 28 -7 -2004 the petitioner's father namely; Syed Sajjad Ahmed was working as Driver in the office of the Community Health Center, Jashpurnagar. At that time the petitioner was minor. He passed 10th class examination in June, 2009 and thereafter, moved applications for grant of compassionate appointment on 7 -9 -2009 & 10 -9 -2009. The petitioner also passed Class XII examination in October, 2011. The petitioner submitted representation on 21 -3 -2012. His earlier writ petition, bearing WP (S) No.1540 of 2013, was dismissed as withdrawn by order dated 14 - 6 -2013 with liberty to file a proper petition challenging the order of rejection of his claim for compassionate appointment.

(3.) IN the order dated 13 -1 -2011 (Annexure ­ P/7), whereby the petitioner's representation has been rejected, it has been mentioned that under the circular dated 23 -7 -2003 issued by the Department of General Administration the period of three years was prescribed for moving an application for compassionate appointment, however, in the circular dated 2 -2 -2006 the said period was reduced up to 6 months from the date of death of the concerned employee. Now vide circular dated 7 -3 -2011 the period has again been prescribed or extended up to three years.