State Of Chhattisgarh vs Harish Kumar Dixena
2022 Latest Caselaw 2400 Chatt

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                                                                        NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                            WA No. 189 of 2022
1.    State of Chhattisgarh Through The Secretary, Department Higher
      Education, Mahanadi Bhawan, Mantralaya Nawa Raipur, Post Office And
      Police Station Naya Raipur Atal Nagar, District Raipur Chhattisgarh.

2.    The Commissioner, Directorate of Higher Education Block 2nd And 3rd
      Floor, Indravati Bhawan, Naya Raipur Post Office And Police Station
      Naya Raipur Atal Nagar, District Raipur Chhattisgarh.

3.    The Additional Director Directorate of Higher Education Block 2nd And
      3rd Floor, Indravati Bhawan, Naya Raipur Post Office And Police Station
      Naya Raipur Atal Nagar, District Raipur Chhattisgarh.

4.    The Principal Government, E. Vishveshwariya Post Graduate College
      Korba, District Korba Chhattisgarh.

                                                               ---- Appellants

                                     Versus

Harish Kumar Dixena S/o Late Shri Ram Khilawan Dixena Aged About 28
Years R/o Quarter No. M-407, Pump House Colony, Korba Chhattisgarh.

                                                             ---- Respondent

(Cause-title taken from Case Information System)

For Appellants : Mr. H.S. Ahluwalia, Deputy Advocate General For Respondent : Mr. Rajnish Singh Baghel, Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Gautam Chourdiya, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

11.04.2022 Heard Mr. H.S. Ahluwalia, learned Deputy Advocate General for the

State/appellants. Also heard Mr. Rajnish Singh Baghel, learned counsel,

appearing for the sole respondent.

2. This appeal is presented against an order dated 28.10.2021 passed by

the learned Single Judge in Writ Petition (S) No.5920 of 2021, directing

reconsideration of the case of the writ petitioner for compassionate

appointment in the light of the judgment rendered earlier by a Single Bench in

Smt. Sulochana Netam v. State of Chhattisgarh and Others (Writ Petition (S)

No.2728 of 2017), decided on 23.11.2017.

3. The claim of the writ petitioner for compassionate appointment was

rejected on the ground that the brother of the writ petitioner was already in

Government employment.

4. Following Sulochana Netam (supra), while directing respondents

/appellants to reconsider the claim of the writ petitioner for compassionate

appointment, they were directed to take note as to whether the brother of the

writ petitioner, who was in Government employment, was providing any

assistance to the writ petitioner or whether they are living together.

5. Subsequently, the Additional Director, Directorate of Higher Education

had passed an order on 29.03.2022, rejecting the claim of the writ petitioner

relying on a Division Bench judgment of this Court in Neeraj Kumar Uke v.

State of Chhattisgarh and Others (Writ Appeal No.334 of 2021), decided on

10.12.2021.

6. This appeal was preferred on 24.03.2022.

6. Since the order of the learned Single Judge has already been acted

upon, this appeal is rendered infructuous and accordingly, the appeal is

dismissed as such.

                          Sd/-                                 Sd/-
               (Arup Kumar Goswami)                   (Gautam Chourdiya)
                     Chief Justice                            Judge
Anu