High Court Of ChhattisgarhWPS/839/2013dismissed

Mohan Tandi v. State Of Chhattisgarh And ORS.

2015-12-23Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 839 of 2013 • Mohan Tandi, aged 28 years S/o Shri Kapoor Chand Tandi, R/o Shahid Rajiv Pandey Nagar, Ward No.46, New Rajendra Nagar, Near Water Tank, PS Rajendra Nagar, Raipur (CG).

---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department of Public Works, Capital Complex, New Raipur, PS Rakhi, New Raipur (CG).

2. Chief Engineer, Public Works Department, National Highways, Pension Bada, PS Civil Lines, Raipur (CG).

3. Sub Divisional Officer, Public Works Department, Sub Division No.1, Pension Bada, PS Civil Lines, Raipur (CG).

---- Respondents For Petitioner Shri JK Gupta, Advocate.

For Respondent/State Ms. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order On Board 23/12/2015

1. The grievance of the petitioner in the instant petition is against the nonconsideration of the petitioner for grant of compassionate appointment.

2. According to the petitioner, his mother, while working with the Respondents on daily wage basis, died on 10.08.2007. It is further submitted that considering the length of service of the mother of the

petitioner on daily wage basis, her case was recommended by the respondents for being regularized, however, before the order of regularization was issued, her mother died on 10.08.2007, and therefore, as the case of her mother was being considered for regularization as government servant, the present petitioner is entitled for being considered for grant of compassionate appointment.

3. So far as grant of compassionate appointment is concerned, the State Government has very specifically held that the compassionate appointment would be granted to the dependent of only regular government servant of the State. From the pleadings of the petitioner itself, it is established that there was no order of regularization of the mother of the petitioner. In absence of regularization of the mother of the petitioner, the status of the deceased was that of a daily wage worker, and as such, no right whatsoever accrued in favour of the petitioner for being considered for appointment on compassionate basis.

4. For the reasons mentioned hereinabove, the petition being devoid of merit is liable to be and is hereby dismissed. No order asto costs. Sd/- (P. Sam Koshy) JUDGE inder