1 2025:CGHC:20617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3162 of 2025 1 - Amit Kumar Rathore S/o Late Shri Purushottam Lal Rathore Aged About 24 Years R/o Near Shri Mohit Netralaya, Behind Keshav Farniture, I.B. Rest House Road, Nahar Par, Janjgir, District Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Water Resource Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - Managing Director Chhattisgarh Infrastructure Development Corporation, Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old P.H.Q. Campus, Near Raj Bhawan, Raipur, District - Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Vaibhav P. Shukla, Advocate. For Respondent/State : Shri Sanjeev Pandey, Dy. Advocate General. For Respondent No. 2 : Shri S.S. Choubey, Advocate on behalf of Shri Suyashdhar Badgaiya, Advocate. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.05.07 16:18:30 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06.05.2025 1. The Petitioner is the son of Late Purushottam Lal Rathore who was working on the post of Conductor at Office of Superintendent of Police, Janjgir, District Janjgir-Champa and died in harness on 24.12.2020 during his service tenure. According to the petitioner, his late father was the employee of the State Road Transport Corporation and after abolition of the said Corporation, his services were placed under the CIDC and he was posted at Office of Superintendent of Police, Janjgir on deputation. 2. By the present Writ Petition, the Petitioner is seeking a direction to consider and decide the application moved by the him for grant of compassionate appointment on 20.01.2021. 3. Learned counsel for the petitioner would submit that the petitioner has made a representation for grant of compassionate appointment on the ground of death of his father who was working with the respondent authority. He further submits that similarly situated persons have filed the Writ Petitions before the Court bearing WPS nos. 4272/2020, 1913/2024 and 2617/2024 had challenged their rejection seeking compassionate appointment and this Court vide order dated 25/11/2024 had directed the Secretary, Water Resource Department to consider the claim of the petitioners. 4. On the other hand, learned counsel for the State as well as for 3 respondent No.2 would submit that in absence of the vacancy, the claim of the petitoner cannot be considered. Learned counsel for CIDC would submit that the CIDC has to follow the guidelines issued by the State Govt. They would submit that if in future, a vacancy arises, the claim of the petitioner would be considered. 5. I have heard counsel appearing for the parties and perused the documents placed on record. 6. It is not necessary to post a dependent of a deceased employee on a particular post of his choice, he/she may be offered employment on a Class-IV post. Though there was a Policy in the years 2011 and 2016 to offer a dependent of a deceased employee to the post of Shiksha Karmi Grade-III, such dependent may be provided employment in the Class-IV post. Further, the Policy dated 26.10.2023 states that the claim for compassionate appointment would be considered against sanctioned and vacant posts available with the CIDC. 7. Taking into consideration the above-stated facts, the Chief Secretary of the State is directed to look into the grievance & application of the petitioner dated 20.01.2021. It is expected that the Chief Secretary shall consider and pass necessary order(s) with regard to the claim of the petitioner for compassionate appointment, in CIDC or any Municipal Corporation, Municipalities, Board etc. if posts are lying vacant there, within a period of 90 days from the date of receipt of a copy of this order(s). 4 8. With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib