Smt. Shashi Gadewal vs State Of Chhattisgarh

Amitendra Kishore Prasad, J

By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 This Hon'ble Court may kindly be pleased to direct the respondent No.2 & 3, to decide the application dated 04.12.2023 (Annexure P/6) submitted by the petitioner for compassionate appointment as per the prevailing policy of compassionate appointment.

10.2 That this Hon'ble Court may kindly be pleased to direct the respondents to consider the candidature of the petitioner for appointment on compassionate grounds.

10.3 That this Hon'ble Court may kindly be pleased to direct the respondent No.2 & 3, to not to insist upon consent/no objection letters/affidavit from the Children of first wife of the deceased employee.

10.4 Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may kindly be granted.”

Brief facts of the case, is that, the petitioner's husband, late Shri Surendra Gadewal was working on the post of "Peon", in the office of respondent No.3, who died in harness on 01.12.2017. The petitioner has filed an application for compassionate appointment on 19.12.2017, before office of respondent No. 3. It was informed by the office of the respondents that, respondent No.4 has also made an application for compassionate appointment, which was returned by the respondent vide its order dated 12.01.2018, as same was not supported with the consent of the petitioner. Thereafter, the respondent No.4 also filed a civil suit for succession registered as Succession Case No.04/2018 before the Court of Civil Judge Class-1, Bilaspur (C.G.) on 06.01.2018, the learned trial court vide its order dated 25.08.2023 dismissed the succession suit as not contested. Thereafter the petitioner again submitted application on 04.12.2023 before the respondent No. 3 for compassionate appointment, categorically taking a plea that "her application may be decided as per Policy for compassionate appointment issued by the General Administrative Department, Chhattisgarh, wherein in Clause 3(1)(a) of the Policy, 2003 provides that for consideration for compassionate appointment "First preference shall be given to the widow/ widower of the deceased employee", and said provisions is continued in subsequent policies/rules/guidelines of 2013 and 2024 also. The Policy categorically provides the hierarchy/preferential order of the dependents to be considered for compassionate appointment, therefore, on rival applications the same should be decided according to the prevailing policy, which has arbitrarily and wrongly not decided by the respondents uptill now.

Learned counsel for the petitioner submits that on account of death of the husband of the petitioner, the petitioner has moved an application for grant of compassionate appointment on 04.12.2023, however, the application is yet to be decided by the respondent authorities especially respondent No. 3. Learned counsel for the petitioner submits that in a judgment passed by the Hon’ble Supreme Court in the matter of Union of India & Another Vs. V. R. Tripathi reported in (2019) 14 SCC 646 stating that for deciding the application for compassionate appointment there is no legal impleadment to direct the concerned party to obtain succession certificate.

On the other hand, learned counsel for the State opposes the same.

I have heard learned counsel for the parties and perused the material available on record.

Be that as may be the respondent No. 3 is directed to decide the application of the petitioner for grant of compassionate appointment in accordance with the policy for compassionate appointment dated 10th June, 2003. Since the application is lying pending before the respondent No. 3 since 04.12.2023, therefore, the concerned respondent is directed to decide the same within a period of 30 days as per policy for grant of compassionate appointment.

With this observation and direction, the writ petition stands disposed of.