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2001 DIGILAW 18 (CHH)

LOKNATH BHOI v. STATE OF M. P.

2001-02-26

L.J.SINGH

body2001
ORDER 1. The applicant has filed this petition with a prayer that the applicant be appointed on compassionate ground. The applicant has also prayed that the amount of G.P.F., Gratuity. Family Benefit and pay of the father of the applicant late Shri Kanchan Lal Bhoi be paid to the applicant. 2. Main contention of the applicant is that the father of the applicant Late Shri Kanchan Lal Bhoi was a Teacher in primary School, Pandkipali, Block Pithora. He received a paralysis attack on 16-10-81 and died on 6-1193. The applicant's father made a demand of G.P.P. amount for this treatment but he was not paid the amount. 3. Further contention of the applicant is that after death of has father the applicant made a demand of G.P.P., Gratuity, Family benefit and pay of his late father from October & November, but he was not paid and was not appointed. 4. As per applicant, he is the only son of his father and the sisters of the applicant have no objection regarding appointment of the applicant. As per the applicant his mother died on 2-2-93. The applicant has also contended that inspite of his so many applications the appointment order has not been issued in favour of the applicant, at the same time the applicant has not been paid the amount payable to his father. The applicant has also contended that he fulfills all the qualification required for appointment, even then, he has not been given compassionate appointment. As per applicant, he has obtained the degree of graduation and is unemployed. 5. Further contention of the applicant is that the respondent no. 1, 2, 3 and 5 have directed the respondent no. 4 to give compassionage appointment to the applicant, even then, the applicant has not been appointed and has not been paid the amount mentioned above, so the applicant has filed this petition. 6. This petition was filed on 14-5-98 and the Govt. Advocate appeared on behalf of the respondents on 4-8-98 and a number of opportunities were given to the respondents to file their return, but the respondents failed to file their return upto 22-2-2001. 7. I have heard both the learned counsel and perused the documents filed by the applicant. 8. 6. This petition was filed on 14-5-98 and the Govt. Advocate appeared on behalf of the respondents on 4-8-98 and a number of opportunities were given to the respondents to file their return, but the respondents failed to file their return upto 22-2-2001. 7. I have heard both the learned counsel and perused the documents filed by the applicant. 8. As I have already mentioned that the respondents have failed to file their return in this case inspite of a number of opportunities being given to the respondents. So now the contention of the applicant is unrebutted. 9. The applicant has contended that he is an unemployed and the only son of his father. He has also contended that his sisters have no objection for his compassionate appointment and his mother has also died. From the perusal of Annexure A-I it is clear that the Director of Public Instruction, M.P. has written to the Dy. Director to pass necessary orders and to dispose of the application filed by the applicant for compassionate appointment. From the perusal of Annexure A - 2 it is also clear that the Dy. Commissioner of Raipur Division has written a letter on behalf of the Commissioner Raipur Division to give compassionate appointment to the applicant in view of the death of his father. From the perusal of Annexure A-B, A-14, A-15, A-16, A-l7, A-18, A -19, A - 20 and A - 21, it is clear that the applicant has filed so many applications for his compassionate appointment and prayed for redressal but the applicant failed to get any relief from the respondents. 10. From the perusal of Annexure A-25, it is again clear that the Director of Public Instruction, M.P. has written a letter to the Dy. Director of Public Instruction Distt. Mahasamund regarding delay in appointment of the applicant on compassionate ground. The Dy. Director has been given a direction to complete the process within a week and he has been warned regarding disciplinary action if further delay is caused. 11. From the perusal of Annexure A-26 it is again clear that the Jt. Director of Public Instruction has sought information regarding appointment of the applicant. 12. As I have already stated that all the facts mentioned in the petition of the applicant is unrebutted, so it is to be believed. 13. 11. From the perusal of Annexure A-26 it is again clear that the Jt. Director of Public Instruction has sought information regarding appointment of the applicant. 12. As I have already stated that all the facts mentioned in the petition of the applicant is unrebutted, so it is to be believed. 13. From the perusal of the above mentioned facts and the documents, it is clear that the father of the applicant who was a Government servant died during tenure of his service and the applicant filed application for his appointment on compassionate ground in view of the death of his father which has not been decided after lapse of a number of years. 14. In view of Annexure A-27 the rules regarding compassionate appointment to a person who is a legal heir of a Govt. servant who died prematuraly. I am of the opinion that the prayer of the applicant is liable to be allowed. 15. Now the point raised by the applicant regarding payment of amount of G.P.F., Gratuity, Family Benefit and Pay is being considered. 16. The applicant has contended that inspite of his so many applications, the applicant has not received the amount of his late father's G .P.F., Gratuity, Family Benefit and Pay. It is an undisputed fact that the father of the applicant was a Govt. servant who was died during his service. The father of the applicant had died in the year 1993, but the amount of G.P.F., Gratuity and Family Benefit and Pay, has not been paid to the applicant so far. After a period of more than 7 years the respondents have failed to disburse the amount of the late father of the applicant to the legal heirs of the applicant's father. It is a matter of great regret. 17. It is hereby ordered that necessary orders for payment of the amount of G.P.F., Gratuity, Family Benefit and Pay of the late father of the applicant be passed by the respondents within a period of 3 months of receipt of this order positively. 18. In view of the foregoing discussion, it is hereby ordered that the respondents should consider the application for appointment of the applicant on compassionate ground if he possessed the requisite qualification for the post of Class III or Class IV as the case may be, within frame work of the circular of the Govt. 18. In view of the foregoing discussion, it is hereby ordered that the respondents should consider the application for appointment of the applicant on compassionate ground if he possessed the requisite qualification for the post of Class III or Class IV as the case may be, within frame work of the circular of the Govt. Annexure A - 27, within one month of receipt of the this order. 19. Before I part with the order, I would like to make it very clear that the purpose of providing appointment on compassionate ground is to get relief to the family of the deceased for the hardship due to death of bread earner in the family. It is a settled principle that such appointment should, therefore, be provided immediately to help the family in distress. In this petition a surprising fact has come to my notice that inspite of so many orders by superior officers of the department, the applicant's case has not been considered and the applicant is deprived of his relief for a number of years. So, a copy of this order be sent to the Chief Secretary of govt. of Chhattisgarh and the Principal Secretary of Public Instruction who are directed to look into the matter personally and to pass suitable orders. They are also directed to see the undue delay in payment of the amounts of G.P.F., Gratuity, Family Benefit and Pay of the applicant's father. It is pertinent to note that above amounts have not been paid and no order has been passed for payment of above amounts after a lapse of more than 7 years, this fact, in my opinion, is very serious and matter of great regret. The Chief Secretary of Govt. of Chhattisgarh and the Principal Secretary of Public Instruction are also expected to see the negligence committed in this case by the responsible officers and to take suitable action against the concerned officer and to take suitable action against the concerned officer who has deprived a poor family from their legal rights. 20. The Chief Secretary of Chhattisgarh Govt. and the Principal Secretary of Public Instruction are directed to intimate the Tribunal regarding their action within a period of three months of receipt of this order. 21. In view of all the facts of this petition, it is a fit case where the applicant should be given the cost of litigation. 20. The Chief Secretary of Chhattisgarh Govt. and the Principal Secretary of Public Instruction are directed to intimate the Tribunal regarding their action within a period of three months of receipt of this order. 21. In view of all the facts of this petition, it is a fit case where the applicant should be given the cost of litigation. It is hereby ordered that the respondents should pay the applicant the cost of this petition which is fixed as Rs. 500/-. Petition Allowed.