Prashant Kumar Mishra, J. - (1.) CHALLENGE in this petition under Article 226 of the Constitution of India is to the impugned memo dated 4 -6 -2011 (Annexure - P/1) whereby the Deputy Director, Panchayat & Social Welfare, Sarguja, has informed the petitioner about the rejection of his prayer for grant of compassionate appointment.
(2.) FACTS of the case, as projected by the petitioner, briefly stated, are that the petitioner's father late Shri Salikram Rajwade was working as Assistant Gram Panchayat Officer (Gram Sahayak) at Gram Panchayat Bhafauli, Janpad Panchayat Ambikapur. He died in harness on 31 -3 -2009 at village Kanchanpur leaving behind his widow and two sons, including the petitioner. The petitioner has averred that co -incidentally 31 -3 -2009 was the date of superannuation of his father, therefore, since he died in course of service, the petitioner moved an application for compassionate appointment on 5 -8 -2009 (sic 5 -3 -2009 mentioned in para 8.4), which was not entertained on the ground that the petitioner has not submitted the succession certificate. The petitioner, thereafter, obtained the succession certificate on 28 -8 -2009 and produced the same before the competent authority. It is stated that after intense effort and compliance of other formalities by the petitioner, the application was eventually completed in all respects, however, vide the impugned memo dated 4 -6 -2011 he was not considered eligible for compassionate appointment on the ground that his father having died on 1 -4 -2009, therefore, his father was not in service on the date of his death.
(3.) IT is argued by the learned counsel appearing for the petitioner that the petitioner's father had, in fact, died on 31 -3 -2009 for which death certificate was issued by the competent authority on 2 -4 -2009 (Annexure - P/5), therefore, it was incorrect on the part of the Deputy Director to state in the impugned order that the father of the petitioner died on 1 -4 -2009. It is also argued that another death certificate was issued on the same date certifying the date of death as 1 -4 -2009 vide Annexure - R/1. The said certificate was wrongly issued for which the petitioner made a request, therefore, the second correct death certificate was issued vide Annexure - P/5. Thus, it is argued that once a corrected certificate is issued the same will hold the field and the Deputy Director, Panchayat & Social Welfare, ought to have accepted the said certificate and allowed the petitioner's prayer for grant of compassionate appointment.;