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2025 DAILYLAW 19722 (CHH)

GOVERDHAN PRAJAPATI v. STATE OF CHHATTISGARH

WPS/3744/2021 · 2025-07-24

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:36151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3744 of 2021 * - Goverdhan Prajapati S/o Lt. Radheshyam Prajapati Aged About 26 Years R/o Village Berhachuan, Police Station Kartala, Block Kartala, District- Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Nava Raipur, District- Raipur, Chhattisgarh 2 - Collector, Korba, District- Korba, Chhattisgarh 3 - Chief Executive Officer, Zila Panchayat Korba, District- Korba, Chhattisgarh 4 - Chief Executive Officer, Janpad Panchayat, Kartala, District- Korba, Chhattisgarh 5 - District Education Officer, Korba, District- Korba, Chhattisgarh 6 - Block Education Officer, Korba, District- Korba, Chhattisgarh ... Respondents For Petitioner : Shri Sumit Singh Rathore, Advocate For Respondents No. 1, 2, 5 & 6/ State For Respondents No. 3 & 4 : : Ms. Neelima Singh Thakur, Panel Lawyer None Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to grant compassionate appointment to the petitioner. Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.29 12:17:20 +0530 2 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to pay appropriate compensation to the petitioner for the mental agony and delay caused by respondent authorities. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition. 2. Mr. Sumit Singh Rathore, learned counsel appearing for the petitioner would submit that father of the petitioner namely Radheshyam Prajapati, who was working on the post of Assistant Teacher Panchayat at Primary School, Charakhadand, Block Kartala, District Korba died in harness on 29.01.2017. He would submit that the petitioner moved an application for grant of compassionate appointment and same has been rejected by respondent No. 3 vide order dated 29.05.2021 on the ground that the petitioner was not having requisite qualification of B.Ed/D.Ed. He would contend that the order passed by respondent No. 3 is contrary to the Circular issued by the Panchayat and Rural Development Department, Raipur dated 07.02.2020. He would contend that according to Clauses 3 and 4 the respondents were under obligation to provide 03 years time to acquire required qualification. He would contend that the respondents ought to have provided 03 years time to the petitioner to acquire B.Ed, D.Ed and TET examination. He would pray to quash the order Annexure- P/1 dated 29.05.2021. 3. On the other hand, Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State would oppose the submission made by Mr. Sumit Singh Rathore. 4. I have heard learned counsel for the parties and perused the documents. 3 5. Taking into consideration the Circular dated 07.02.2020 issued by respondent No. 1 wherein it is clearly stated that after providing employment such candidate would be given 03 years time to acquire required qualification or to pass B.Ed, D.Ed and TET examination, but in the instant case respondent No.3 in contravention with the conditions of Circular dated 07.02.2020 rejected the application moved by the petitioner for compassionate appointment. Accordingly, Annexure- P/1 dated 29.05.2021 is hereby quashed. 6. The respondent No. 3 is directed to consider the claim of the petitioner for grant of compassionate appointment afresh strictly in accordance with the Circular dated 07.02.2020. The petitioner is directed to make a representation alongwith the Circular dated 07.02.2020 before respondent No. 3 within a period of 15 days and in turn, respondent No. 3 is directed to decide it within further period of 45 days. 7. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti