MAMTA RANI VERMA Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner, who happens to be the married daughter of the deceased employee late Omkar Prasad Verma has filed this petition seeking compassionate appointment on account of death of her father. He was working as Panchayat Secretary in Gram Panchayat, Bartori, Janpad Panchayat, Tilda, District - Raipur who died in harness on 26/12/2021. Following prayer has been made by the petitioner in this petition -

(2.) Facts of the case in nutshell as projected in the writ petition is that the deceased employee left behind his legal heirs wife namely Vijay Kumari and three daughters namely Mamta Rani Verma, Deepmala and Dikeshwari. After the death of her father, the petitioner without any delay made an application on 24/01/2022 to respondent No.4 i.e. District Panchayat, Raipur along with consent letter of mother and two sisters and necessary testimonials and other relevant documents making a prayer therein to grant compassionate appointment to the petitioner. The application was forwarded by respondent No.5 vide its letter dtd. 01/02/2022 to respondent No.4 for further action. The application for grant of compassionate appointment was put up before the concerned committee on 24/02/2022 and the committee took a decision to the effect that suitable direction is required from respondent No.2 in the light of circular dtd. 23/03/2019 issued by General Administration Department, Government of Chhattisgarh which included a provision that the married daughter is also entitled to compassionate appointment whereas the internal circular of the Panchayat Department dtd. 27/02/2015, the word 'unmarried' has not been removed. A request was made to respondent No.2 by respondent No.4 to give suitable direction on the issue involved so that the application of the petitioner for grant of compassionate appointment may be decided. Thereafter, vide impugned order dtd. 02/09/2022, placing reliance on the communication dtd. 20/07/2022, the application of the petitioner for grant compassionate appointment was rejected giving reason that the married daughters are not entitled for compassionate appointment. This is under challenge before this Court in this writ petition.

(3.) Return on behalf of respondents have been filed. Respondents 4 and 5 have pleaded in the return that they have to follow the instructions issued by the Panchayat and Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, CG dtd. 27/02/2015 and as such, the married daughters are not entitiled to be appointed on compassionate grounds. Hence, her application was rejected. There cannot be any deviation from the policy / directions dtd. 27/02/2015. Hence, until and unless the policy provides for entitlement of the petitioner being a married daughter to be appointed on compassionate grounds, such appointment cannot take place.