ANNU CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner seeks to impugn the order dtd. 13/5/2014 whereby the respondents had rejected the claim of the petitioner for compassionate appointment on the ground that her case can not be considered beyond the period of three years from the date of death of government employee.

(2.) According to petitioner, her father while working with the respondents died in harness on 3/8/2007. At that time she was minor. On attaining the age of majority, she moved an application for grant of compassionate appointment which stands rejected vide impugned order. It is submitted that when the claim of the petitioner was rejected, the respondents had already introduced a new scheme for compassionate appointment on 14/6/2013 whereby all the circulars/guidelines issued earlier with regard to compassionate appointment stood cancelled, and therefore, her claim ought to have been considered in accordance with circular dtd. 14/6/2013.

(3.) Learned State counsel opposing the petition submits that circular dtd. 14/6/2013 will be applicable on the cases which are submitted on or after 14/6/2013. The petitioner submitted her application on 11/12/2012 and therefore, circular dtd. 14/6/2013 is not applicable in the instant case. It is also submitted that at the relevant point of time in the circular which was in force does not have any clause to give compassionate appointment to the dependent after his/her attaining the age of majority. The petitioner has filed her application after five years of the death of her father which is beyond the prescribed period of three years, and therefor, she is not entitled for grant of compassionate appointment.