Ganesh Baghel Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Ganesh Baghel Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with observations and directions: respondents to decide the petitioner's application for compassionate appointment within a reasonable period, preferably within 90 days from receipt of copy of the order; petitioner to cooperate with processing formalities; liberty reserved to move afresh before the High Court if any adverse order is passed. No opinion expressed on merits.

Issue for consideration

Whether the respondents should be directed to decide the petitioner's pending application for appointment on compassionate ground within a reasonable period of time.

Court's answer

The concerned respondents are expected to take a decision on the petitioner's application for appointment on compassionate ground within a reasonable period of time.

Ratio / Principle

The decision is to be taken preferably within a period of 90 (days) from the date of receipt of a copy of the order.

Key takeaways

The petitioner is expected to cooperate with the respondents in case any formality is required in processing his application.ratio¶22
If any adverse order is passed against the petitioner, he would be at liberty to move afresh before the High Court.ratio¶22
The Court expressly clarified that it has not expressed any opinion on the merits of the petitioner's claim for compassionate appointment.ratio

Detailed headnote1 paragraphs

Service — Compassionate appointment — Non-disposal of pending application. Petitioner, son of a Dresser Grade-I employee of the Health Department (Kanker) who died in harness on 27.01.2023, applied on 09.02.2023 before respondent Nos. 4 (CMHO) and 5 (BMO) for compassionate appointment; the application remained undecided. In a writ petition (WPS No. 5497 of 2024) not opposed by the State, the High Court (Sachin Singh Rajput, J.) disposed of the matter by directing that the respondents take a decision on the application within a reasonable period, preferably within 90 days of receipt of a copy of the order, with the petitioner to cooperate in any required formalities, and liberty to move afresh if an adverse order is passed. The Court expressly refrained from expressing any opinion on the merits of the claim.

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2024:CGHC:34769

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5497 of 2024

1 - Ganesh Baghel S/o Late Santu Ram Baghel Aged About 25 Years R/o Village And Post Dhaneli Kanhaar North South Bastar Kanker District Kanker Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary Department Of Health And Family Welfare Ministry Mahanadi Bhavan New Raipur District Raipur Chhattisgarh

2 - The Under Secretary Department Of Health And Family Welfare Ministry Mahanadi Bhavan New Raipur District Raipur Chhattisgarh

3 - The Collector District North Bastar Kanker Chhattisgarh

4 - The Cmho Department Of Health And Family Welfare District North Bastar Kanker Chhattisgarh

5 - The B.M.O. Department Of Health And Family Welfare District North Bastar Kanker Chhattisgarh ... Respondents

For Petitioners : Mr. Vikash A. Shrivastava, Advocate For Respondent/State : Mr. Abhishek Gupta, PL

Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

06/09/2024

Learned counsel for the petitioner submits that father of the petitioner was working as Dresser Grade – I with the respondents and died in harness on

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27.01.2023. He submits that an application was made by the petitioner before respondent Nos. 4 & 5 for consideration of his case for compassionate appointment on 09.02.2023. He submits that the application has not considered as yet and respondents may be directed to decide the same within a reasonable period of time.

This preposition is not opposed by Mr. Gupta.

After hearing learned counsel for the parties and on perusal of record, it appears that application for appointment on compassionate ground was filed by the petitioner in the month of February, 2023 and it is appear that it has not been decided as yet. Therefore, it is expected that the concerned respondents shall take decision on the application of the petitioner for appointment on compassionate ground within a reasonable period of time preferably within a period of 90 from the date of receipt of copy of this order. It is also expected that the petitioner will corporate with the respondents in case of any formality is required in processing the application of the petitioner. If any adverse order is passed against the Petitioner, he would be at liberty to move afresh before this Court.

Accordingly, the petition is disposed of with aforesaid observations and directions. It is made clear that this Court has not expressed any opinion on the merits of the case.

Sd/-

(Sachin Singh Rajput)

JUDGE

Pawan