High CourtsSingle Bench(2018) 02 CHH CK 0144

Ku. Deepa Shrivastav vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 7 February 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No.1206 Of 2018

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Judgment

8 paragraphs · 375 words

Sanjay K. Agrawal, J

1.

Petitioner's father Shri Mahesh Shrivastava died in harness. The petitioner, being unmarried daughter of the deceased Government servant, made an application for grant of compassionate appointment which has been rejected on the ground that her brother is already on the roll of State Bank of India at Antagarh Branch against which this writ petition has been filed.

2.

Learned counsel for the petitioner would submit that para 6 (a) of the instructions amended on 29-8-2016 only contemplates that if any other member of the family is in Government service, then the member of the said family would not be entitled for compassionate appointment. In the present case, brother of the petitioner is not in Government service, but in State Bank of India, therefore, the petitioner is entitled for compassionate appointment.

3.

Learned State counsel would submit that the object of the aforesaid provision is that if a member of the bereaved family is already in service and earning sufficiently to maintain his / her family, then any other member of the said family is not entitled for compassionate appointment.

4.

I have heard learned counsel for the parties, on admission.

5.

The object of granting compassionate appointment is to give support to the members of the bereaved family who died in harness leaving the family members with no income. At the same time, the instructions clearly provide that if any other member of the family is in job then, the other member of the same family is not entitled for compassionate appointment, as one member of the family is earning sufficiently to maintain the family. The words "Government servant" would not make any difference looking to the object sought to be achieved by instructions dated 29-8-2016 relevant clause of which i.e. clause 6(a) provides as under: -

''6 (अ) दिवंगत विवाहित शासकीय सेवक के परिवार में यदि पूर्व से ही परिवार का कोई अन्य सदस्य शासकीय सेवा में है, तो परिवार के अन्य किसी भी सदस्य को अनुकम्पा नियुक्ति की पात्रता नहीं होगी।''

6.

In view of the above, I do not find any merit in the writ petition and it is accordingly dismissed, at the admission stage itself without notice to the other side. No order as to cost(s).