Hemant Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4582 Chatt

                                      1

                                                                       NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                              WA No. 385 of 2022

Hemant Kumar Sahu S/o Ayodhya Prasad Sahu, Aged About 37 Years R/o
Village Tahsil and Post Suhela, District : Balodabazar-Bhathapara,
Chhattisgarh
                                                                ---- Appellant
                                   Versus
1.   State of Chhattisgarh Through The Secretary, Department of
     Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District :
     Raipur, Chhattisgarh
2.   The Collector, District Balodabazar Bhatapara (Chhattisgarh)
3.   The District Education Officer, District Balodabazar Bhatapara
     (Chhattisgarh)
4.   The Block Education Officer, Palari, District : Balodabazar-
     Bhathapara, Chhattisgarh
5.   Vidhya Mandir Prathmik Shala Through The Principal, Rengadih,
     Post Jara, Block Palari, District : Balodabazar-Bhathapara,
     Chhattisgarh
6.   Rama Sahu, Wd/o Mohan Lal Sahu, Aged About 36 Years R/o Village
     And Post Arjuni, Tahsil Bhatapara, District : Balodabazar-Bhathapara,
     Chhattisgarh
                                                          ---- Respondents

(Cause-title taken from Case Information System) For Appellant : Mr. Punit Ruparel, Advocate For Respondent Nos. 1 to 5 : Mr. Jitendra Pali, Deputy Advocate General

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

19.07.2022

Heard Mr. Punit Ruparel, learned counsel for the appellant. Also

heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for

the respondent Nos. 1 to 5.

2. This writ appeal is filed against an order dated 05.07.2022 passed by

the learned Single Judge in WPS No. 4503 of 2022, dismissing the writ

petition.

3. The appellant's brother, namely, Mohan Lal Sahu, who was working

as an Assistant Teacher in respondent No.5 School, died-in-harness on

12.04.2022.

4. The appellant had submitted an application for compassionate

appointment on 27.04.2022 on the demise of his brother. Contending that

no decision has been taken thereof, the writ petition came to be filed. The

case presented before the learned Single was that though the deceased

had a wife, they had an estranged relationship and at the time of death of

Mohan Lal Sahu, a divorce proceeding was pending.

5. Who are the eligible candidates for compassionate appointment is

laid down in clause 5 of the Consolidated Revised Instructions on

Compassionate Appointment, 2013 (for short, 'Consolidated Revised

Instructions, 2013'), which is the existing policy governing compassionate

appointment. For better appreciation, it will be appropriate to extract

clause 5 in its entirety. The same reads as under:-

"5. Eligible candidates for compassionate appointment:-

One of the dependent family member of the deceased

Government servant in the order shown below, i.e. (a) on

rejection or not being eligible (b) and afterwards in the

same sequence (c). (d) and (e) will be considered for

compassionate appointment respectively:

(a) Spouse of deceased government employee,

(b) Son/adopted son,

(c) (Unmarried) daughter/unmarried adopted

daughter,

(d) Dependent widow daughter/dependent adopted

widow daughter

(e) Dependent divorced daughter/dependent divorced

adopted daughter and,

(f) Daughter-in-law"

6. The marriage between the deceased brother of the appellant and his

wife has not been dissolved. Merely because a divorce petition is pending,

the wife does not lose the status of the wife. The spouse of the deceased

government servant is to be given precedence and brother is not entitled to

compassionate appointment. Therefore, we find no merit in this appeal and

as such, the same is dismissed.

                        Sd/-                                       Sd/-
               (Arup Kumar Goswami)                      (Parth Prateem Sahu)
                    Chief Justice                                Judge



Chandra