ENGLESH KUMAR SORI S/O LATE SHRI JAGDISH RAM DHRUW Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has filed this writ petition aggrieved by the decision by Respondent No. 4 rejecting the claim of petitioner for grant of compassionate appointment.

(2.) As per case of petitioner, father of petitioner late Jadgish Ram Dhruw while working on the post of Lecturer at Shobharam Dewangan Govt. Higher Secondary School, Dhamtiari, Tahsil and District Dhamtari died in harness on 5/5/2021. Petitioner submitted an application for grant of compassionate appointment on 7/6/2021 through proper channel, his application was rejected and intimation was forwarded to him vide letter dtd. 26/7/2021 mentioning that his brother namely Bhagesh Kumar is already in Government service and therefore according to clause 6A of Circular issued by the State Government, petitioner is not entitle for grant of compassionate appointment. Petitioner, thereafter, submitted an application/ representation before Respondent No. 1 for reconsideration of his application for compassionate appointment in the light of the order dtd. 16/7/2021 passed in WPS No. 3665/2021. Accordingly, the claim of petitioner for grant of compassionate appointment was reconsidered and Respondent No. 4 passed an order Annexure P-1 dtd. 2/12/2021, rejecting his claim on the same ground i.e., clause 6A of the Circular dtd. 23/2/2019. Aggrieved by the rejection of his application for grant of compassionate appointment, this writ is filed seeking following reliefs.

(3.) Learned counsel for petitioner submits that the date of death of his father is 5/5/2021, there is sudden change in financial condition of petitioner which is not considered by Respondent No. 4. Respondent No. 1 directed Respondent No. 4 to consider the claim of petitioner in the light of decision in WPS No. 3665/2021 but it was not considered in appropriate manner arbitrarily. Father of petitioner in WPS No. 3665/2021 was also an employee of the School Education Department and therefore taking two different views is discriminatory, therefore, not sustainable.