WRIT PETITION None on 22 August 1991

HIGH COURT OF JUDICATURE CHHATTISGARH:[BILASPUR]

Single Bench:

Hon’ble Shri Satish K. Agnihotri, J.

WRIT PETITION N0. 248 GF 2003

P€titi011ar:Ashok Kumar, aged about 29 years,S/o Shri Kanchan Ram, By Caste—Passi, Resident ofWest Chimliri,Distt. Koria (C,G.).S/o Shri Kanchan Ram, By Caste—Passi, Resident ofWest Chimliri,Distt. Koria (C,G.).

Raspondents

Versus

:1.Union of India Thmugh: Genm‘alManagEr, South Eastern Railway,Garden REaCh, Calcutta-43.ManagEr, South Eastern Railway,Garden REaCh, Calcutta-43.2.Divisional Railway Manager, SouthEastern Railway, Bilaspur,Eastern Railway, Bilaspur,£9Divisional Operating Supdt. SouthEastern Railway, Bilaspur.Eastern Railway, Bilaspur.

Pre5ent:Shli Parag Katecha, Advocate for the petitioner.None for the respondent No.1Smt. Hamida Siddique, counsel for the Respondents[No.]2 and 3.GRAL ORDERNone for the respondent No.1Smt. Hamida Siddique, counsel for the Respondents[No.]2 and 3.GRAL ORDER(3rd[February,][ 2006)]1.Learned counsel for the petitioner submits[that][ father][ of][ the]petitionernamelyShiiKanchanRamwasappointedasPorter] C.H.R.M. by the respondents No. 2 and[3.]petitionernamelyShiiKanchanRamwasappointedasPorter] C.H.R.M. by the respondents No. 2 and[3.]

IQShri Kanchan Ram,a]l of a sudden disappeared[in][ January,]1989.After a period of 7 years, he was declared[as][ missing][ by]thePoliceStationDistrictSurguja,Manendragarh,(AnnexureP-3).Thereafter,thepetitionermadeanapplication for compassionate appointment[on][ 1048.][ 1999.]

f“—,_

.Leann-d counsel for the petitioner submits that the petih'onerwasto be appoillted in accordance with the Railway Board’swasto be appoillted in accordance with the Railway Board’slctter datedAugust22,1991addressedtotheA11GeneralManagers (P), All Indian Railways etc. (Annexuxe P-S), deah'ngwith the appointment of dependant 011 compassionate basis incase of missing person] employee,Managers (P), All Indian Railways etc. (Annexuxe P-S), deah'ngwith the appointment of dependant 011 compassionate basis incase of missing person] employee, .Smt.HamidaSiddique,learnedcounselappealingfortherespondentssubmitsthatthepetitionerremainedabsentsince 27.9.80 and on the basis of his absence for long period,service of Shli Kanchan Ram was terminated Vide order datedsince 27.9.80 and on the basis of his absence for long period,service of Shli Kanchan Ram was terminated Vide order dated9.1.1989(AnnexureP—Q)andassuchthepetitionerisnotentitled to compassionate appointment.entitled to compassionate appointment.

.Be that asit may,the respondents aredirected to considerthe case of the petitioner,in accordance with law, in View ofthecircular dated12.12.1990issued by the Government ofIndia, mentionedin the Railway Board’sletter dated August22,1991(AnneXure13—5)forcompassionateappointmentWithinaperiodofsixWeeksfromthedateofreceipt] production of a copy of this order.the case of the petitioner,in accordance with law, in View ofthecircular dated12.12.1990issued by the Government ofIndia, mentionedin the Railway Board’sletter dated August22,1991(AnneXure13—5)forcompassionateappointmentWithinaperiodofsixWeeksfromthedateofreceipt] production of a copy of this order.

.In View of the foregoing, the writ petition stands disposed of.No order as to costs.No order as to costs.