Case Law Details
Piyush Kumar Anchal Vs State of C.G. (Chhattisgarh High Court)
here is serious dispute between the parties, whether the petitioner’s mother is first wife of the deceased Government servant late Shri Mohan Lal Anchal or the mother of Suresh Kumar Anchal, who also claimed compassionate appointment being another son of late Shri Mohan Lal Anchal from Smt. Rajkumari, is the first wife of the deceased Government servant, but the fact remains that even the illegitimate son / daughter is also entitled for compassionate appointment and this question is no longer res integra and stand decided authoritatively by the Supreme Court in V.R. Tripathi’s case1 (supra).
FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT
This writ petition is directed against order dated 2-12-2021 by which respondent No.2 has directed the petitioner to obtain succession certificate in order to claim compassionate appointment on account of death of his father late Shri Mohan Lal Anchal.
2. Shri Mohan Lal Anchal was working as Junior Assistant at Branch Pratappur of the Chhattisgarh State Warehousing Corporation. He died in harness on 26-4-2021 on account of being infected by COVID-19. Suresh Kumar Anchal claiming to be son of Late Shri Mohan Lal Anchal with his first wife Smt. Rajkumari claimed compassionate appointment by filing application on 25-5-2021, whereas the present petitioner being son of Late Shri Mohan Lal Anchal through wife Smt. Tara Devi also filed application for compassionate appointment. It is the case of the petitioner that his mother’s name is also recorded in the nomination form submitted by his father Late Shri Mohan Lal Anchal. Respondent No.2 directed Smt. Tara Devi and the present petitioner – Piyush Kumar Anchal to obtain succession certificate, by the impugned order. The present petitioner earlier filed a writ petition before this Court being W.P.(S)No.4796/2021 in which this Court by order dated 9-9-2021 has directed respondent No.2 to decide the claim of the petitioner for compassionate appointment. Now, order has been passed rejecting the application filed by the petitioner on the ground that valid succession certificate has not been filed by the petitioner and liberty has been given to the petitioner to consider the application after the valid succession certificate is obtained against which this writ petition has been filed.
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