Chattisgarh High Court
Bindu Tandon vs State Of Chhattisgarh 87 Cont/598/2017 ... on 5 April, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
REVP No. 48 of 2018 & CONT No. 598 of 2017
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
REVP No. 48 of 2018
1. Bindu Tandon W/o Late Shri Sukhdev Prasad Tandon Aged About
36 Years R/o Village Jaitpur, Post Office Kosamkunda, Tahsil
Bilaigarh, District Balodabazar, Chhattisgarh
2. Balram Patel S/o Bihari Lal Patel Aged About 39 Years R/o Village
Mohera, P.S. Magarlod, Tahsil Kurud, District Dhamtari,
Chhattisgarh
3. Chandrakanta Gautam D/o Durga Prasad Gautam Aged About 34
Years R/o Village Paragaon, Post Navagaon, P.S. Gobranavapara,
Tahsil And District Raipur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary Panchayat And Rural
Development, Mantralaya, Mahanadi Bhawan Capital Complex
Raipur, District Raipur, Chhattisgarh
2. Chief Executive Officer Jila Panchayat Gariyaband, Tahsil And
District Gariyaband, Chhattisgarh
3. District Education Officer Gariyaband, Tahsil And District
Gariyaband, Chhattisgarh
4. Jila Panchayat Raipur Through Its Chief Executive Officer Tahsil
And District Raipur, Chhattisgarh
5. Jila Panchayat Mahasamund Through Its Chief Executive Officer
Tahsil And District Mahasamund, Chhattisgarh
6. Jila Panchayat Dhamtari Through Its Chief Executive Officer Tahsil
And District Dhamtari, Chhattisgarh
---- Respondent
CONT No. 598 of 2017
1. Bindu Tandon W/o Late Shri Shukhdev Prasad Tondon, Aged About 36 Years R/o Village Jaitpur, Post Kosamkunda, Tehsil Bilaigarh, District Baloda Bazar Chhattisgarh.
2. Balram Patel, S/o Late Shri Shukhdev Prasad Tandon, Aged About 39 Years R/o Tehsil And District Raipur Chhattisgarh. 2
REVP No. 48 of 2018 & CONT No. 598 of 2017
3. Chandrashekhar Gautam, S/o Late Shri Shukhdev Prasad Tandon Aged About 34 Years R/o Gobra Navapara, Tehsil And District Raipur Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur, Chhattisgarh, P I N 492002.
2. Shri Jagdish Sonkar, Chief Executive Officer, Jila Panchayat Gariyaband, Tehsil And District Chhattisgarh.
3. District Education Officer, District Gariyaband Tehsil And District Gariyaband, Chhattisgarh.
4. Shri Nilesh Kshirsagar, Zila Panchayat Raipur, Through Its Chief Executive Officer, Zila Panchayat Raipur Chhattisgarh.
5. Shri Pushpendra Mina Zila Panchayat Mahasmund, Through Its Chief Executive Officer, Zila Panchayat, Mahasamund Chhattisgarh.
6. Shri Veenit Nandanwar Zila Panchayat Dhamtari, Through Its Chief Executive Officer, Zila Panchayat, Dhamtari Chhattisgarh.
---- Respondent For Petitioners : Shri R.R. Sinha, Advocate. For Respondent/State : Shri Siddharth Dubey, Deputy GA. For Respondents 2 & 5 in Contempt : Shri Shashank Thakur, Advocate. For Respondent No.4 in Contempt : Shri Manish Nigam, Advocate. For Res. No.6 in Contempt : Shri SP Kale with Shri KPS Gandhi, Advocate Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 05/04/2019 :
1. The Review Petitioners had preferred WPS No.2086/2017 challenging the respondents' inaction to grant compassionate appointment. This Court by order dated 17.5.2017 directed the respondents to decide the petitioners' representation for grant of compassionate appointment on the basis of State Government's 3 REVP No. 48 of 2018 & CONT No. 598 of 2017 memo dated 8.1.2016 providing that if the posts are not available in the concerned Zila Panchayat, compassionate appointment may be granted by the adjoining Zila Panchayat. In due course, two other petitioners namely, Balram Patel and Chandrakanta Gautam were provided compassionate appointment by the Zila Panchayat.
However, petitioner Bindu Tandon's case remained pending because she could not obtain succession certificate issued by the competent authority. The Collector, Balodabazar-Bhatapara has issued certificate on 4.2.2019, placed before this Court by learned counsel for respondent No.6 in Contempt Petition. According to the certificate, deceased Sukdev Prasad had two wives, namely, Bindu Tandon and Savitri Tandon. It is informed that Savitri Tandon is already in service.
2. At this stage, Shri Sinha, learned counsel for the petitioners would submit that petitioner Bindu Tandon is the first legally wedded wife of deceased Sukdev Prasad, therefore, she alone is entitled to claim compassionate appointment.
3. The issue as to the petitioner Bindu Tandon's eligibility to obtain compassionate appointment viz a viz amongst two wives of the deceased was not considered. Any finding as to who is the first legally wedded wife of deceased Sukdev Prasad has its own ramifications, not only on the petitioner Bindu Tandon or Savitri Tandon but also on the issues born out of either by the first wife or second wife. Therefore, it may not be appropriate for this Court to decide the issue in this review proceeding.
4. Let the petitioner Bindu Tandon move a fresh Writ Petition claiming compassionate appointment by establishing her right in accordance 4 REVP No. 48 of 2018 & CONT No. 598 of 2017 with the norms prescribed by the State Government, particularly in view of the facts disclosed by the respondents that the deceased Sukdev Prasad had two wives. It is made clear that in this Review Petition, this Court has not expressed any opinion on the merits of the case.
5. The Review Petition as well as Contempt Petition stands disposed of, subject to liberty reserved in favour of petitioner -Bindu Tandon.
Sd/ (Prashant Kumar Mishra) Acting Chief Justice Barve