KAUSHILYA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is filed by Smt. Kaushilya Bai, who is the wife of Late Shri Bhola Ram Kunjam. The husband of the petitioner, while working as Assistant Teacher at Government primary School, Kholba, Block Sahaspur Lohara, District kawardha, died on 03. 12. 2000, in harness. The petitioner, being the dependant on the deceased employee, made an application on 01. 10. 2001 (Annexure P/5) for appointment on compassionate basis. The application of the petitioner was rejected by the District Education Officer, after a period of five years on 26. 05. 2006 (Annexure P/6 ).

(2.) SHRI Rakesh Anthony, learned counsel appearing for the petitioner submits that it is incumbent upon the Government to consider the case of the petitioner at the earliest as the purpose of compassionate appointment is to provide succor to the family to tide over the sudden financial crisis befallen on account of untimely demise of the sole earning member. Shri Anthony further submits that the application was filed in time, at the earliest. He further submits that when the first application dated 01. 10. 2001 was not decided, the petitioner made one more application to the higher authorities on 7. 12. 2001. Since no decision was taken, the third application dated 8. 12. 2005 was made.

(3.) SHRI P. KBhaduri, learned Panel Advocate appearing for the State/respondents, per contra, submits that the application of the petitioner has been rejected not on merit, but on the ground of delay in filing the application. Shri Bhaduri has no explanation with regard to the fact as to why the State authorities have not taken any decision pursuant to the application dated 01. 10. 2001 (Annexure P/5)and have taken decision only pursuant to the subsequent applications dated 7. 12. 2001 or 8. 12. 2005.