BHAGWAT SAI SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The grievance of the petitioner in the present writ petition is to the inaction on the part of the respondents in considering the case of the petitioner for compassionate appointment.

(2.) The facts relevant for adjudication of the dispute is that the father of the petitioner late Shri Harishankar Sai sidar was working as teacher at the government School at Jashpur. He dies harness on 30/07/1998. Undisputedly the petitioner was major on the date of death of his father. It is said that the petitioner has moved an application for compassionate appointment at that point of time but the same has till date not been finalized. The petitioner tried to draw the attention of the Court to Annexure (P-1) whereby the Assistant Commissioner in the department of Tribal Welfare, District Jashpur has made certain recommendations in favour of the petitioner. Thereafter there has no effective orders passed so far as the claim of the petitioner is concerned.

(3.) Considering the facts of the case what clearly reflects is that the present writ petition has been filed after more than 20 years from the date of death of deceased employee. The writ petition also has been filed after more than 12 years from the date of Assistant Commissioner, Tribal Welfare Department, had made certain correspondence vide Annexure (P-1) dated 24/04/2006. Both these orders would show that the writ petition presently filed has been raised at a much belated stage 12 years from the date of correspondence made by the Assistant Commissioner is quite a lot of period particularly when the claim in respect of the compassionate appointment.