PAVITRA SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) The facts which led to filing the present petition are that the petitioner's father namely Surjeet Singh was working as Driver in MPSRTC. After bifurcation of the State, the employees as well as the assets and liabilities of the MPSRTC were taken over by the CIDC. Thereafter, father of petitioner died in harness on 7/7/2005. At that time, since the petitioner was minor after attaining the age of majority, he filed application in format on 24/7/2012 vide Annexure P-4 for grant of compassionate appointment to the post of Shiksha Karmi and the same was forwarded by respondent no.2 to respondent no.3. Respondent no.3 further recommended the case of petitioner to respondent no.5. However, the said application was rejected vide Annexure P-2 dtd. 24/2/2014 by the CEO, Jila Panchayat, Durg, on the ground that for the post of Shiksha Karmi, he did not meet the requisite criteria of minimum 45% marks in the higher secondary examination as he secured 38.40% which is less than 45%. The petitioner again submitted a representation that he may be given compassionate appointment on any post for which he is qualified. The said application was also rejected by the Joint Collector by order dtd. 26/7/2014 (Annexure P-1) informing that the applicant did not possess requisite educational qualification.

(2.) Learned counsel for the petitioner submits that while dealing with the similar nature issue in WPS No.852 of 2017 (Himalaya Bharti Versus State of Chhattisgarh and others) this Court has directed the respondents to consider the case of petitioner for compassionate appointment to the lowest post if the incumbent is not entitled to Shiksha Karmi Grade III as per the criteria laid down by the State. He prays for similar orders in this case also.

(3.) It is stated that while the petitioner's father was in service, the policy for compassionate appointment was framed by MPSRTC on 24/3/1976 to the effect that if an employee working in M.P. State Road Transport Corporation dies during his service period and the financial condition of his family is not good and no single member of his family does any work to earn livelihood, then the Head of the Department without consulting the Employment Exchange can appoint any dependent member of his family and the concurrence of the Public Service Commission is not required. When the State of Chhattisgarh came into being, by notification dtd. 13/12/2002 the State Government authorised the Chhattisgarh Infrastructure Development Corporation (CIDC) to acquire the assets, liabilities, rights and employees due to division of MPSRTC and the services of the employees obtained from the said bifurcation. Further the service conditions prevalent as before will remain effective in Chhattisgarh Infrastructure Development Corporation and further the process of management of assets and liabilities and rehabilitation of the employees will be done as per the instructions and policies issued from time to time by the State Government. For the sake of brevity the notification dtd. 13/12/2002 is reproduced herein below