K. Naveen Kumar Vs State of Chhattisgarh

Learned counsel for the petitioner submits that the petitioner's father was serving as a Sweeper under the respondent authorities and died in harness on 24.11.2019. It is submitted that the

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petitioner, being eligible for compassionate appointment, submitted an application before the competent authority on 13.02.2020. However, despite the lapse of considerable time, the respondent authorities have neither considered nor decided the said application. It is contended that the inaction on the part of the respondents is arbitrary, unreasonable and contrary to the object of the scheme for compassionate appointment. Learned counsel, therefore, prays for issuance of an appropriate direction to the respondent authorities to consider and decide the petitioner's application for compassionate appointment within a time-bound period in accordance with law.

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Learned counsel for the respondent No. 2 & 3 submits that if the petitioner's application for compassionate appointment has not yet been considered and decided by the competent authority, the same shall be considered and decided, strictly in accordance with the applicable rules and policy, within a period of 45 days from the date of receipt of a copy of the order passed by this Court.

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I have heard learned counsel for the parties and perused the documents.

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Considering the submissions advanced by learned counsel for respondent/ Municipal Corporation and without expressing any opinion on the merits of the petitioner's claim, this writ petition is disposed of with a direction that, in the event the petitioner's application for compassionate appointment dated 13.02.2020 has

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not yet been considered and decided, the competent authority shall consider and decide the same strictly in accordance with the applicable rules, policy and governing circulars, by passing a reasoned and speaking order, within a period of 45 days from the date of receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to compassionate appointment and the competent authority shall take an independent decision in accordance with law.

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Accordinlgy, the present writ petition is disposed off.

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Sd/-

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(Bibhu Datta Guru)

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JUDGE

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Jyoti

K. Naveen Kumar v. State of Chhattisgarh

Case brief

What is this about?

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K. Naveen Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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What the court decided

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