Dismissed

Smt. Nirmala Rawate v. State of Chhattisgarh and Others

Chhattisgarh HC4 Aug 2014WPS/4706/2008

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment as widow of a deceased peon at a fully aided private school. The High Court held that State Government circulars on compassionate appointment apply only to Government institutions, not private ones, and dismissed the writ petition.

What did the court decide?

The writ petition praying for compassionate appointment is dismissed.

Smt. Nirmala Rawate Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2014)

¶1

t)"gé^a r 5:4 X

¶2

$§§?gg@ ggwch

¶3

‘ THE HIGH COURT OF CHHATTISGARH AT

¶4

BILASPUR (C.G.) w. P. s Naw 2008 (Single^{BenchServiceMatter)}

¶5

PETITIONER

¶6

/ SMT. NIRMALA RAWATE

¶7

aged about 26 years
~x rs W/o Late Shri Toranlal Rawate
Q OQ % / and D/o Shri Pardesh Ram Lahari
0’ .<br>x a} e Village Post : Sirsakala Bhilai - 3
9%? ‘
J
939 Tahsil Patan
Distt. Durg (Chhattisgarh)
w

¶8

\ mu h w I;

¶9

RESPONDENTS‘

¶10

¶11

VERSUS /

¶12

‘1. STATE OF CHHATTISGARH Through : Principal Secretary ST. and S.C. Development

¶13

Department Govt. of CG. Mantralaya D. K. S. Bhawan, Raipur (C.G.) , ’

¶14

VIVEKANAND VIDYAPEETH

¶15

/ TRUSTADARSH AWASI

¶16

¶17

UCHCHATTAR

¶18

MADHYAMIK VIDYALAYA

¶19

Ramkrishna Param Hans Nagar, Kota, Raipur 492010

¶20

(Chhattlsgarh) Through Secretary N^{{wag/(Mgdw€é}

¶21

l ‘ l l \

¶22

x 3. PRINCIPAL z PRACHARYA Vivekanand Vidyapeeth Adarsh Awasi Uchchattar Madhyamik Vidyalaya Ramkrishna Param Hans Nagar, Kota, Raipur 492010 (Chhattisgarh)

¶23

PETITION UNDER ARTICLE 226 OF THE N CONSTITUTION^‘OF INDIA

¶24

¶25

HIGH COURT OF CHHATTISGARH, BILASPUR

¶26

SINGLE BENCH : HON’BLE SHRI PRASHANT KUMAR MISHRA, J.

¶27

WP. (S) No. 4706 of 2008

PETITIONER i

Smt. Nirmala Rawate

Versus

RESPONDENTS ‘State of Chhattisgérh and others.

¶32

Shri V.G. Tamaskar, counsel for petitio’ner. Shri Bhaskar Payasi, Panel‘Lawyer for the State. Shri Varun Sharma, counsel for the respondents No. 2 & 3.

¶33

ORAL ORDER

¶34

(04/08/2014)

¶35

Petitioner has prayed for a direction to the respondents to appoint her on compassionate ground as her husband iate ShriToran Lai Rawate died in harness while working as Peon in the establishment of respondent No.2.

¶36

2 . Admittedly the respondent No. 2 is a fully aided private^school. When the application for grant of compassionate appointment was moved, the respondent No. 2 sought guidance from the State Govt. as to whether the State Govt. circular concerning compassionate appointment is applicable to it. The State Govt, in turn, issued a communication on 20/06/2007 mentioning that the State Govt. circulars providing facility of compassionate appointment is not applicable to private institutions. r

¶37

For the foregoing, since the provision of grant of compassionate appointment is not applicable to a non-Govt. institution, a writ directing the respondent No.2 to consider petitioner’s case for grant of compassionate appointment cannot be issued.

¶38

Accordingly, the writ petition, sans substance, is liable to be and is hereby dismissed.

¶39

”WSdL. a»^’

¶40

i P rashant^KumarMlshra

¶41

Judge

Smt. Nirmala Rawate v. State of Chhattisgarh and Others

Case brief

What is this about?

What did the court decide?

Smt. Nirmala Rawate v. State of Chhattisgarh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banderam Bairagi Vs State of Chhattisgarh and Others

Smt. Anita Dewangan Vs State of Chhattisgarh and Ors.

S.m.a.yasini Vs State Of Chhattisgarh And Ors.

Pokhan Lal Dhangarh Vs State Of Chhattisgarh and Ors.

Virendra Kumar Vs State of Chhattisgarh and Ors.

Smt. Sarita Tiwari Vs State of C.G. and Ors.