Dismissed

Hemlata Goswami v. State Of Chhattisgarh

Chhattisgarh HC8 Aug 2024WPS/1084/2016

Case brief

AI extract

What is this about?

This petition challenged the compassionate appointment of another woman over the petitioner, claiming to be the daughter of the deceased government employee. The court held the claim a matter of disputed fact requiring a civil suit under the Specific Relief Act, summarily rejecting the writ petition.

What did the court decide?

The writ petition was summarily rejected as devoid of merit.

Hemlata Goswami Vs State Of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:30213

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A Digitally NAFR signed by A ANNAJEE ANNAJEE RAO RAO

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1084 of 2016

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Hemlata Goswami W/o Rajendra, D/o Late Shri Sharna Das, Aged About 40 Years R/o Rajeev Nagar Ward No. 2, Near Rahul Kirana Store, Post Office Post, Tahsil and District Durg Chhattisgarh. ---- Petitioner

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versus

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State of Chhattisgarh through the Secretary Water Resources Department Mantralaya Mahanadi-Bhawan, Raipur, District-Raipur Chhattisgarh.

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The Executive Engineer, Water Resources Department, Tandula Division Durg, District Durg District : Durg, Chhattisgarh.

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The Sub Divisional Officer, Sub Division Durg, Water Resources Department, Durg, District-Durg-Chhattisgarh,

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Chief Engineer Mahanadi Godawari Kachhar Water Resources Department, Raipur District : Raipur, Chhattisgarh --- Respondents

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For Petitioners : Mr. Shashi Kumar Kushwaha, Advocate For the Respondent : Mr. Abhishek Singh, Panel Lawyer.

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(GOUTAM BHADURI, JUDGE)

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Order on Board

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09/08/2024

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(1) The present petition has been filed on the ground that Petitioner Hemalata Goswami is daughter of first wife Shail Bai Goswami who was legally married wife of late Shrawan Goswami. Shrawan Goswami was working as Time-Keeper in Water Resources Department. After he died in harness on 25.5.2015, she has applied for compassionate appointment

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which was not considered and instead one Surti Bai Goswami who was claiming herself to be widow of late Shrawan Das Goswami has applied for compassionate appointment and she was accordingly appointed. Though it was objected by the petitioner that she being daughter was claiming the status through mother to get compassionate appointment, instead of proceeding with an enquiry to find out the status on such objection, Surti Bai was directly appointed on compassionate ground without deciding the status of parties.

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(2) On earlier round of litigation, similar issue was raised wherein the Court directed the petitioner to file representation. The petitioner filed representation which was rejected. It appears that the dispute raised by the petitioner Hemlata Goswami is that she being daughter who was born out of earlier legal marriage held between Shrawan Das and Shail Bai, was legally entitled and when the objection was raised for compassionate appointment, the authority decided the same without making reference to the Court and Surti Bai was appointed.

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(3) The claim of the petitioner is completely misconceived. If she was claiming the status of the daughter of late Shrawan Das through her mother Shail Bai, the proper course could have been initiated u/s 34 of the Specific Relief Act before the Civil Court. Since the issue involved is a disputed question of fact, any statement made by either of parties cannot be adjudicated. Consequently, this writ petition is devoid of any merit and is summarily rejected.

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Sd/-

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({GOUTAM BHADURI}) JUDGE

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Rao

Hemlata Goswami v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Hemlata Goswami v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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