MAHENDRA KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) The short question involved in this writ petition is, whether the competent authority has rightly rejected the application for compassionate appointment on the ground that the petitioners father is getting pension of 4,100/- / 4,466/- per month.

(2.) This question arises in the following factual backdrop: -

(3.) The petitioners mother namely, Smt. Godavari Bai died in harness while working as Labour leading to making of application by the petitioner for grant of compassionate appointment which was rejected on 20/6/2012 by the Chief Engineer, Mahanadi Godavari Kachhar, Water Resources Department, Raipur, holding that the petitioners father is alive and getting pension, therefore, the petitioner is not entitled for compassionate appointment. The petitioner questioned the order dtd. 20/6/2012 before this Court in WPS No.4966/2012 in which a coordinate Bench of this Court by order dtd. 18/12/2015, set aside / quashed the order dtd. 20/6/2012 and directed to decide the claim of the petitioner afresh for compassionate appointment in accordance with rules and also keeping in view the financial cap fixed by the State for consideration of compassionate appointment. Thereafter, by the impugned order dtd. 17/2/2016, the petitioners claim has been rejected holding that his father is receiving family pension and moreover, the annual income / earning of the family is 68,000/-, therefore, the petitioner is not entitled for compassionate appointment as per the policy of the State Government dtd. 21/9/2007 (Annexure R-1) admissible at the time of death of the petitioner's mother. Feeling aggrieved against the order impugned dtd. 17/2/2016 (Annexure P-1), this writ petition has been preferred.