Writ petition against rejection of the petitioner's claim for compassionate appointment on the death of his brother, a government employee. The court found the deceased was married, so the circular covering unmarried employees did not apply, and the family had survived for years; petition dismissed.
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(WPS No. 5176 of 2016)
2024:CGHC:42767
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5176 of 2016
1 - Aasim Sen S/o Late Bhagwan Das Aged About 34 Years R/o Ward No. 14, Chado Road, Balrampur, District-BalrampurRamanujganj, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Health And Family Department, Mantralaya, Mahanadi Bhawan, NewRaipur, Chhattisgarh
2 - Collector, Balrampur-Ramanujganj, District-BalrampurRamanujganj, Chhattisgarh.
3 - Chief Medical And Health Officer, Balrampur, Police-Station Balrampur, District-Balrampur-Ramanujganj, Chhattisgarh
... Respondents
(Cause-title taken from the Case Information System)
| For Petitioner | :- Mr. C. Jayant K. Rao, Advocate |
|---|---|
| For State | :- Mr. Sharad Mishra, Panel Lawyer |
SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
04.11.2024
1. In this writ petition, the petitioner has called in question the order dated 10.08.2016 (Annexure P/1), passed by the Collector, Balrampur-Ramanujganj, whereby the petitioner’s claim for grant of compassionate appointment has been rejected.
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(WPS No. 5176 of 2016)
2. Mr. C.Jayant K. Rao, learned counsel for the petitioner submits that the Collector Balrampur-Ramanujganj is absolutely unjustified in holding that the petitioner is not entitled for grant of compassionate appointment in place of his deceased brother namely, Aditya Sen and, therefore, the impugned order is liable to be set aside.
3. Mr. Sharad Mishra, learned State Counsel would support the impugned order and submits that the petitioner's claim for grant of compassionate appointment has rightly been rejected in the light of clause 3(1)(i) of circular dated 19.11.2007 (Annexure R/2) prevalent at that time, wherein it has been provided that in case of death of a government employee, who is unmarried (or widower who has no children), then the brother or unmarried sister of such employee would be eligible for grant of compassionate appointment, however, the petitioner's brother-Aditya Sen at the time of his death was married to one Smt. Usha Rohit. As such, the petitioner is not entitled for grant of compassionate appointment and, therefore, this writ petition deserves to be dismissed.
4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone
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(WPS No. 5176 of 2016)
through the materials available on record with utmost circumspection.
5. In the case at hand, admittedly, the petitioner’s brotherAditya Sen while working as a government servant died in harness on 24.08.2008, pursuant to which the petitioner filed an application for grant of compassionate appointment in place of his deceased brother but his application was rejected vide order dated 13.08.2013 (Annexure P/2), against which he filed a WPS No.768/2014 before this Court and this Court vide order dated 12.02.2014 (Annexure P/3), directed the petitioner to file representation which would be decided by the respondent authority strictly in accordance with the scheme/circular. Consequently, the representation of the petitioner was considered by the competent authority/ Collector, Balrampur-Ramanujganj and rejected on the ground that the deceased employee’s wife namely, Smt. Usha Rohit has sworn an affidavit on 24.06.2009 (Annexure R/1), stating that she was married to the petitioner's late brother Aditya Sen and, therefore, the petitioner is not entitled for grant of compassionate appointment as per clause 3(1)(i) of circular dated 19.11.2007 (Annexure R/2), which was prevalent on the date of death of the employee i.e. 24.08.2008. The
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(WPS No. 5176 of 2016)
aforesaid circular dated 19.11.2007 (Annexure R/2) has been brought on record which clearly states that in case an unmarried employee dies in harness, then on the recommendation of mother/father, the brother or unmarried sister of such employee may apply for grant of compassionate appointment. However, as per the affidavit sworn by Smt. Usha Rohit on 24.06.2009 (Annexure R/1), the deceased employee – Aditya Sen was married to her at the time of his death and, therefore, clause 3(1)(i) of circular dated 19.11.2007 (Annexure R/2) which states that the unmarried government servant’s brother or unmarried sister are entitled for grant of compassionate appointment would not be applicable here and, therefore, the finding recorded by the Additional Collector is correct and the petitioner's application for grant of compassionate appointment has rightly been rejected in accordance with law. Furthermore, the petitioner’s brother died on 24.08.2008 and the petitioner has been able to survive till now and has maintained his family during the said period, therefore, at this stage, no purpose would be served. The very object of granting compassionate appointment no longer subsists because the petitioner and his family have been able to survive for such long years.
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(WPS No. 5176 of 2016)
6. In view of the above, no direction can be issued for grant of compassionate appointment. This writ petition deserves to be and is accordingly, dismissed, leaving the parties to bear their own cost(s).
Sd/- (Sanjay K. Agrawal) Judge
@d!t!
1 issue framed by the court
Whether the petitioner, brother of a married deceased government servant, was entitled to compassionate appointment under clause 3(1)(i) of the circular dated 19.11.2007.
1 provisions across 1 enactments
Aasim Sen
State Of Chhattisgarh Through The Secretary, Health And Family Department
Collector, Balrampur-Ramanujganj
Chief Medical And Health Officer, Balrampur
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
