HARI RAM SAHU S/O LATE NOHAR SINGH Vs. STATE OF CHHATTISGARH, THROUGH SECRETARY, WATER RESOURCES DEPARTMENT

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 05.10.2015 whereby the claim of the petitioner for compassionate appointment has been refused by the respondents on the ground that the father of the petitioner (deceased employee) was not a regular government servant.

(2.) The present is a second round of litigation. The earlier round of litigation was WPS No.5211 of 2012 which was disposed of on 01.09.2015. While disposing of the writ petition, this court had set aside the earlier rejection order (Annexure P/1) and directed the respondents to consider the case of the petitioner afresh in accordance with law within a period of three months. Subsequently, the impugned order has been passed on 05.10.2015 which is under challenge in the present writ petition.

(3.) The contention of the petitioner was that, the second rejection order also is on the same ground on which the earlier claim application was rejected which had been set aside by the High Court. The father of the petitioner was working with the contingency establishment of the respondents and that vide order dated 13.08.2008 (Annexure P/2) the services of the father of the petitioner was regularized and therefore rejection of the petitioner's claim on the ground of his father not being a regular government employee stands negated and the impugned order is bad in law.