1 2025:CGHC:47635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2938 of 2021 1 - Mrs. Santoshi Tandiya W/o Late Rupendra Tandiya, Aged About 39 Years Post Peon, Posted At Office Deputy Director (Agriculture), Kanker District Uttar Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Director, Agriculture Vikas Bhawan Ground Floor 19, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Joint Director Agriculture, Baster Division Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4 - Deputy Director Agriculture, Kanker District Uttar Baster Kanker Chhattisgarh, District : Kanker, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Parag Kotecha, Advocate For Respondent(s) : Mr. R. K. Gupta, Additional AG Hon'ble Shri Justice Sachin Singh Rajput Order On Board 16.09.2025 1. The petitioner has filed this writ petition seeking for the following relief(s); 1. To Quash/set aside the order date 5/1/2021. 2. To direct the respondent authorities to consider the case and grants the compassionate appointment to the petitioner according to his qualification to the post of Assistant Grade III. 2 3. Any other relief which the Hon'ble court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may awarded in favour of the petitioner. 2. The case in a nutshell is that the petitioner, by way of the instant petition, has challenged the letter dated 05.01.2021 issued by respondent No. 3, whereby her application seeking amendment in the compassionate appointment order was rejected. The petitioner had applied for compassionate appointment in place of her deceased husband in the year 2014. However, the respondent demanded a Succession Certificate, which the petitioner subsequently obtained from the competent Civil Court and submitted before the respondent authority. At that time, the petitioner was informed that no post of Assistant Grade-III was available, and therefore, she could join only on the post of Class-IV. Since the matter pertaining to her compassionate appointment had been pending since 2014 and her financial condition was deteriorating day by day, the petitioner, under compulsion, gave her consent for appointment to the post of Class-IV. Thereafter, the State Government issued an order reserving 10% of the posts of Assistant Grade-III for compassionate appointment. In view of the said order, the petitioner applied for appointment to the post of Assistant Grade-III. However, respondent No. 3 illegally rejected her claim, despite the fact that the petitioner is duly entitled and eligible for the said post. 3. Learned counsel for the petitioner submits that the petitioner is the wife of the Late Rupendra Tandiya, who was working on the post of Rural Agriculture Development Officer. He died in harness on 23.07.2014. The petitioner made an application for appointment on compassionate grounds with the respondents in the year 2014. Thereafter, the application of the petitioner was considered by the respondents and consent was sought from the petitioner for appointment on the post of Peon, as on that date no post of Assistant Grade-III 3 was available. Since the petitioner was in dire need of employment, she gave her consent. Consequently, vide order dated 12.02.2020 (Annexure P/2), the petitioner was appointed on the post of Peon in the office of the Deputy Director, Agriculture, Kanker. He further submits that subsequently, the post of Assistant Grade-III fell vacant and, vide Annexure P/6 and communication dated 24.05.2021, the ceiling of 10% for appointment on Class-III posts under compassionate grounds was relaxed up to 31.05.2022. It is submitted that the petitioner possesses all the requisite qualifications for appointment to the post of Assistant Grade-III. Therefore, the present writ petition has been filed seeking appointment of the petitioner to the post of Assistant Grade-III in light of the communication dated 24.05.2021 (Annexure P/6). Accordingly, it is urged that the relief claimed by the petitioner may be granted. 4. Opposing the submissions, learned State counsel submits that the petitioner was appointed only after she gave her written consent to accept the post of Peon. It was only thereafter that the appointment order (Annexure P/2) was issued. Even if some posts of Class-III employees, including Assistant Grade- III, were lying vacant, the relaxation of the ceiling of 10% for compassionate appointment was available only up to 31.05.2022. He submits that no further relaxation has been placed on record to consider the petitioner’s case for change of appointment from Class-IV to Class-III. 5. I have heard learned counsel for parties and perused the documents available on record. 6. There is no dispute to the fact that the petitioner’s husband, who was in the service of the respondents, died in harness. It is also undisputed that the petitioner made an application in the year 2014, which was considered, and vide Annexure P/2, she was appointed on 12.02.2020 to the post of Peon in the 4 office of the Deputy Director, Agriculture, Kanker. The appointment was made only after obtaining her consent. The relaxation referred to by the petitioner (Annexure P/6) was operative only up to 31.05.2022. 7. As such, this Court does not find any merit in the submissions advanced by the petitioner. Accordingly, the writ petition is liable to be, and is hereby, dismissed. However, it is observed that if the State Government, in its discretion, finds it appropriate to consider the petitioner’s case for change of appointment from the post of Peon to Assistant Grade-III, it shall be at liberty to do so in accordance with law. 8. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.24 15:49:05 +0530