PREETI MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the order Annexure-P/1 dated 13/09/2017 whereby the claim for compassionate appointment of the petitioner was rejected by the respondents on the ground that, the father of the petitioner was in Government employment and therefore under the scheme of compassionate appointment, the petitioner becomes dis-entitled for the same.

(2.) The facts of the case in brief is that, the brother of the petitioner Late Dinesh Manji was posted as an Assistant Grade-III in forest department and posted at District Sukma in the office of the respondent No. In the course of this employment, he died in harness on 28/05/2016 on 01/06/2017. The mother of the petitioner applied for grant of compassionate appointment to the petitioner. It is this application which stands rejected vide the impugned order on the ground that, as per the policy of the State Government dated 29/08/2016, since there already is a member in the family of the deceased in employment working with the Government, the petitioner would not be entitled for compassionate appointment.

(3.) The contention of the counsel for the petitioner is that, the policy of the State Government dated 29/08/2016 would not be applicable so far as the claim of the petitioner is concerned for the simple reason that, the claim of the petitioner was made prior to the amendment of the circular dated 29/08/2016 for compassionate appointment being published.