GHANSHYAM DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of learned Counsel appearing for the parties, the petition is heard finally. Late Shri Rameshwar Prasad Dewangan, while working as Cook in the Department of Tribal Development and posted at Harijan Kanya Chhatrawas, Kawardha, died in harness on 29-1-1991. The petitioner claiming himself to be the dependant/son of the deceased employee made an application for grant of appointment on compassionate basis on 28-8-2000. The case of the petitioner was considered and by letter dated 4-10-2001 (Annexure-P/2) it was recommended by the Deputy Commissioner, Tribal Welfare for consideration of the case of the petitioner to appoint on the post of Assistant Grade - III, as according to the Deputy Commissioner, there was a post vacant. Thereafter, on 1.1.2002 (Annexure-P/4) the District Organiser, office of the Collector, Kawardha, in response to the letter dated 4-10-2001 of the Deputy Commissioner, Tribal Welfare, informed that there was no vacant post and appointment on compassionate basis cannot be granted to the petitioner.

(2.) BEING aggrieved by the aforesaid action of the respondent-authorities, the petitioner preferred the present writ petition before this Court on 6-4-2004 seeking a direction to the respondent-authorities to appoint the petitioner on the post of Assistant Grade - III on compassionate basis.

(3.) MS. Farah Minhaz, learned Counsel appearing for the petitioner, would submit that still vacant post of Assistant Grade III is available in the respondent Department. The Officer was not correct in providing the information before this Court on 5-7-2006 that only post of Shiksha Karmi was vacant. Even on that date, post of Assistant Grade III was vacant; therefore, the respondent-authorities may be directed to consider the case of the petitioner for appointment on the post, of Assistant Grade III.