-1- 2025:CGHC:28496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2885 of 2018 Diksha Soni D/o D/o Durga Prasad Soni Aged About 20 Years R/o Beside Indoor Stadium, Shitla Mandir Gali, Purani Basti, Raipur, District- Raipur, Chhattisgarh. ... petitioner versus 1 - State Of Chhattisgarh Through Secretary, Finance Department, Mahanadi Bhawan, Naya Raipur, District- Raipur, District : Raipur, Chhattisgarh. 2 - Secretary, Chhattisgarh Lok Sewa Ayog, Shankar Nagar Road, Raipur, District- Raipur, District : Raipur, Chhattisgarh. 3 - Chhattisgarh Infrastructure Development Corporation, Through- Its Managing Director, Shastri Chowk, Raipur, District : Raipur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Sanjay Patel, Advocate For State : Mr. Dashrath Prajapati, P. L. For Respondent No.3 : Mr. Raghvendra Verma, on behalf of Mr. R. N. Pusty, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.06.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1. It is therefore prayed that this Hon’ble Court may kindly be pleased to direct the respondents to grant the compassionate appointment as per notification dated 14.06.2013. Digitally signed by NADIM MOHLE -2- 10.2. It is therefore prayed that this Hon’ble Court may kindly be pleased to direct the respondents to grant compassionate appointment to the petitioner in any suitable post/Shiksha Karmi and grant her three years time to complete Bed/BTI/or any ministerial post.” 2) Mr. Patel, learned counsel for the petitioner would submit that the petitioner's father was initially appointed under the M.P. State Road Transport Corporation and, after the reorganization of the State, his services were transferred to the Chhattisgarh Infrastructure Development Corporation (for short, CIDC). Thereafter, vide order dated 05.11.2004, he was deputed to the Chhattisgarh Public Service Commission (CGPSC/Lok Sewa Ayog) as a Driver. He would further submit that while serving in the Lok Sewa Ayog, he passed away in harness. He would further submit that initially, the petitioner's mother had applied for compassionate appointment; however, due to her deteriorating health, she consented to the petitioner being considered in her place. Accordingly, the petitioner applied for compassionate appointment. Pursuant thereto, the Lok Sewa Ayog, vide letter dated 23.04.2016, requested the State Government for grant of approval for appointment of the petitioner against a vacant post of Assistant Grade-III. Despite the passage of considerable time, no response was received from the State Government. 3) He would also contend that the petitioner filed WPS No. 344/2018 before this Court, which was disposed of on 10.01.2018 with a direction to the State Government to consider the recommendation of the Public Service Commission. However, the State Government later informed that the petitioner should approach CIDC for compassionate appointment, as the deceased was a deputed employee and CIDC continued to be the parent department. 4) It is further submitted that the State Government, vide Notification dated 16.02.2016, declared CIDC as an employer under the administrative control of the Finance Department. Additionally, on 12.01.2018, the Chhattisgarh Class III Government -3- Employees Association requested the Chief Secretary to implement the provisions of the Notification dated 14.06.2013 regarding compassionate appointments. Subsequently, on 12.03.2018, the Transport Department directed CIDC to act through the Finance Department. Following these communications, CIDC submitted a proposal to the Finance Department seeking approval for compassionate appointment of the petitioner under the Notification dated 14.06.2013. However, due to a lack of coordination between departments, no decision has been taken till date. 5) On the other hand, learned counsel for the Respondents would oppose the submission made by Mr. Patel. 6) Heard. 7) Taking into consideration the submissions made on behalf of the petitioner and the admitted fact that the petitioner's father died in harness while on deputation under the respondent No.2, and further that respondent No.2 is willing to grant compassionate appointment but objections are being raised by respondent No.1; this Court is of the opinion that the petitioner's application for compassionate appointment has been submitted within the prescribed time limit; further there exists a vacancy; and the petitioner's case is covered under the applicable notification dated 14.06.2013. Therefore, the respondents are directed to consider and decide the claim of the petitioner for compassionate appointment in accordance with law, within a period of 45 days from the date of receipt of a copy of this order. 8) With the above observation(s) and direction(s), the writ petition stands disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nadim