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2025 DAILYLAW 21052 (CHH)

SMT. PUSHPA VERMA, v. STATE OF CHHATTISGARH,

WPS/3681/2021 · 2025-08-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:38714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3681 of 2021 * - Smt. Pushpa Verma, daughter of late Shri Ishwar Prasad Verma, wife of Shri Rakesh Kumar Chandra, aged about 28 years, resident of village Reda, Sarangarh, Block Sarangarh, District Raigarh (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2 – Director, Directorate of Chhattisgarh Public Instruction, Indravati Bhawan, Block-C, first floor Naya Raipur, District Raipur (C.G.) 3 - District Education Officer, Raigarh, District Raigarh, Chhattisgarh ... Respondents For Petitioner : Mr. Ajay Shrivastava, Advocate For Respondents/State : Ms. Neelima Singh Thakur, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.(i) That, this Hon’ble Court may kindly be pleased to quash Annexure P-1 and direct the respondent authority to consider and grant compassionate appointment as per judgment of this Hon’ble Court in W.P.S. No. 407/2021 within stipulated period, in the interest of justice. 10.(ii)Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. The facts of the present case are that the father of the petitioner namely Ishwar Prasad Verma was working on the post of Principal at Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.07 20:17:11 +0530 2 Government High School Dansara, Block Sarangarh, District Raigarh and died in harness on 11.04.2021. The petitioner, who is daughter of deceased, applied for compassionate appointment on 25.05.2021 before respondent No.3. Respondent No.3 rejected the application vide order dated 10.06.2021 on the ground that family member of the deceased is already in government service. 3. Learned counsel appearing for the petitioner would submit that the father of the petitioner was working on the post of Principal at Government High School Dansara, Block Sarangarh, District Raigarh, who died in harness on 11.04.2021 and thereafter, an application for compassionate appointment was moved by the petitioner and same has been rejected on the ground that family member of the deceased family is already in government service. He would contend that there was separate cause of action after death of father of the petitioner, therefore, respondent No.3 ought to have considered the application moved by the petitioner for grant of compassionate appointment. He would pray to quash the order dated 10.06.2021 (Annexure P-1). 4. On the other hand, learned Panel Lawyer appearing for the State/respondents would oppose the submissions made by the learned counsel appearing for the petitioner. She would submit that the Policy for compassionate appointment issued by the State Government applies with the University. She would further submit that according to Clause 6(a) of the Policy, if any of the family member of the deceased is in public service, any other member would not be entitled for compassionate appointment. She would contend that the family member of the petitioner is already in government service, therefore, 3 the claim of the petitioner has been rejected. She would submit that the present petition deserves to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 6. According to Clause 6(a) of the Policy for the compassionate appointment, if one of the member of the family is in government service, any other members would not be entitled for the compassionate appointment. It is not in dispute that the family member of the deceased/brother of the petitioner is already in government service and thus, the member of the family is already in government service, therefore, respondent No.3 has rightly rejected the application for grant of compassionate appointment. Consequently, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge vatti