Smt. Nemin Bai Sahu vs The State Govt. Of C.G
2022 Latest Caselaw 7624 Chatt

                                     1


                                                                       NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                            WA No. 678 of 2022

Smt. Nemin Bai Sahu D/o Late Shri Himmat Ram Sahu Aged About 31
Years W/o Shri Khemraj Sahu, Occupation Un-Employeed, R/o Village
Odarsakari, Thana And Tahsil Arjunda, Distt. Balod (C.G.)

                                                               ---- Appellant

                                  Versus

1.   The State Govt. of C.G. Through The Secretary, Public Works
     Department, Ministry, Mahanadi Bhavan, P.S. Rakhi New Raipur
     (C.G.)

2.   Collector Balod, Distt. Balod (C.G.)

3.   District Education Officer Balod, District Balod (C.G.)

                                                         ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Shashi Kumar Kushwaha, Advocate For Respondents : Mr. Jitendra Pali, Deputy Advocate General

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Arvind Singh Chandel, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

16.12.2022

Heard Mr. Shashi Kumar Kushwaha, learned counsel for the

appellant. Also heard Mr. Jitendra Pali, learned Deputy Advocate

General, appearing for the respondents.

2. This appeal against the order dated 05.08.2022 passed by the

learned Single Judge in WPS No. 6698 of 2021 is accompanied by an

application for condonation of delay of 63 days being I.A. No. 01 of 2022.

3. Mr. Pali does not object to condone the delay, but he submits that

learned Single Judge is wholly justified in holding that this case is

squarely covered by judgment dated 23.02.2022 in Writ Appeal No. 91 of

2022, wherein it was held that if any family member is in government job,

the dependent of his family is not entitled to get compassionate

appointment.

4. Delay is condoned. I.A. No. 01 of 2022 is disposed of.

5. We have perused the aforesaid judgment and find that submission

of Mr. Pali is correct.

6. The elder brother of the petitioner is in service as Constable in

Chhattisgarh Shashtra Bal and therefore, no case is made out for

interference with the order of the learned Single Judge.

7. In that view of the matter, writ appeal is dismissed.

                         Sd/-                                         Sd/-
                 (Arup Kumar Goswami)                       (Arvind Singh Chandel)
                     Chief Justice                                   Judge



Chandra