1 2025:CGHC:7600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2930 of 2022 1 - Smt. Rekha Manhar W/o Late Gokul Das Manhar Aged About 36 Years R/o Village Lata, Post Amora, Tahsil Pathariya, District Mungeli Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Collector Mungeli, District Mungeli Chhattisgarh. 3 - Chief Municipal Officer Zila Panchayat Mungeli, District Mungeli Chhattisgarh. 4 - Chief Municipal Officer Janpad Panchayat Pathariya, District Mungeli Chhattisgarh. 5 - Head Master Government Middle School Amlikapa, Janpad Panchayat Pathariya, District Mungeli Chhattisgarh. ... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Mr. Shiv Kumar Banjare, Advocate For State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 12.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take time bound decision over the claim of compassionate appointment made by the petitioner. 2 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent to decide the application for compassionate appointment filed by the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to appoint the petitioner on compassionate on the post of Panchayat Secretary or any suitable post. 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2. Facts of the case, in a nutshell, are that the husband of petitioner namely Late Gokul Das Manhar was working on the post of Shiksha Karmi Grade-II and lastly, was working at Government Middle School Amlikapa, Janpad Panchayat Pathariya, District Mungeli (C.G.). During the service period, the husband of petitioner died on 10.08.2008. After the death of husband of petitioner, the petitioner filed an application for compassionate appointment before the respondent authority through proper channel i.e. office of respondent No.5 on 13.09.2008, which is pending till date before the respondent authorities. When no action has been taken by the respondent department, the petitioner made several representation for providing compassionate appointment to her on 17.09.2008, 28.06.2013 and 16.08.2013 (Annexure-P/3 and P/4 respectively). The respondent No.4 vide its letter dated 20.01.2016 (Annexure-P/5) disclosed the fact that as the petitioner has completed her education up to 12th standard, therefore, the Department can provide the compensation appointment on the post of Panchayat Secretary. In compliance of letter dated 20.01.2016, the petitioner submitted her reply on 29.01.2016 (Annexure-P/6) and stated therein that if the post of Panchayat Secretary will be provided to her, she will 3 be ready to work and join that post and there is no objection from her side but, till date there is no response from the side of respondent authority. 3. Learned counsel for the petitioner submits that petitioner has filed this writ petition due to inaction on the part of the respondent – authorities specially respondent No. 3 and 4 as they have not decided the application of petitioner for grant of compassionate appointment since 17.09.2008. Husband of petitioner, namely, late Gokul Das Manhar working on the post of Shiksha Karmi Grade-II at Government Middle School Amlikapa, Janpad Panchayat Pathariya, District Mungeli (C.G.) died in harness way back on 10.08.2008. It is the case of petitioner that after filing of application, no action was taken. Petitioner has moved several applications / representations before the Chief Executive Officer, Janpad Panchayat Pathariya for grant of compassionate appointment, however, it was not decided and on 20.01.2016, the Chief Executive Officer, Janpad Panchayat Pathariya has written a letter to the petitioner stating that since petitioner is not having professional educational qualification (B.L.Ed./D.Ed/T.E.T) as such instead of appointing as Shiksha Karmi, she can be appointed as Secretary of Gram Panchayat. A consent letter for appointment on the post of Secretary of Gram Panchayat was also sought from the petitioner, to which, petitioner has given her consent vide letter dated 29.01.2016. It is contention of learned counsel for petitioner that even after obtaining consent, nothing has been done and petitioner has suffered a lot due to inaction on the part of the respondent authorities. Learned counsel for petitioner further submits that this writ petition has been moved for necessary direction to respondent – authorities to 4 consider the case of petitioner and to pass appropriate orders by way of appointing petitioner on the post of Secretary of Gram Panchayat or any other suitable post. 4. Learned State counsel submits that they will decide the application / representation submitted by petitioner within some short span of time. 5. I have heard learned counsel for the parties and also perused the documents annexed along with the record. 6. When the matter was called for hearing on 11.03.2025, looking to the fact that, in spite of obtaining consent letter from petitioner for grant of compassionate appointment on the post of Secretary of Gram Panchayat on 29.01.2016, petitioner has not been given appointment, this Court sought reasons as to why necessary orders in respect of appointment has not been passed in favour of the petitioner and has directed Chief Executive Officer, Zila Panchayat, Mungeli to remain present before this Court on 12.03.2025 and the matter was directed to be listed on 12.03.2025. 7. Today i.e. on 12.03.2025, Chief Executive Officer, Zila Panchayat, Mungeli is present before this Court in-person and upon query, he submits that at that point of time, he was not posted as Chief Executive Officer, Zila Panchayat, Mungeli, as such, he is unable to state the reasons, however, upon further query, he fairly submits that the competent officer shall pass appropriate orders in respect of compassionate appointment to the petitioner in light of memo dated 20.16.2016 issued by Chief Executive Officer, Janpad Panchayat Pathariya and response of the petitioner filed on 29.01.2016 within a period of 10 days. He further assures that he will take necessary steps and look into the matter with utmost gravity and seriousness. 5 8. Since Chief Executive Officer, Zila Panchayat, Mungeli has caused his presence and has submitted that necessary orders will be passed in respect of compassionate appointment to petitioner within a period of 10 days, this Court expects and trusts that necessary orders will be passed within a period 10 days from the date of receipt of copy of this order and the matter will not be delayed further. Respondents No. 2 and 3 are directed to complete the process for grant of compassionate appointment in respect of petitioner within a period of 10 days from the date of receipt of copy of this order and the compliance report of the same be furnished before the Registry of this Court with in a further period of 20 days. 9. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI