1 2025:CGHC:46781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4703 of 2021 • Deenanath Portey S/o Late Shri Sitaram Portey Aged About 53 Years R/o Village And Post Podi, Police Station Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Public Works Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Engineer In Chief Public Works Department Sirpur Bhawan, Sihava Road Civil Lines, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Executive Engineer Public Works Department Division No. 1, Bilaspur, (B/r), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Sub Divisional Officer Public Works Department, Sub Division No. 3, Koni, Bilaspur (B/r) District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) with WPS No. 3985 of 2021 • Ram Saneshi Suryawanshi S/o Late Shri Baharta Suryawansi Aged About 51 Years R/o Village Singhri, Post Lakhram Police Station Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Public Works Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh Digitally signed by NADIM MOHLE 2 2. Engineer In Chief Public Works Department Sirpur Bhawan, Sihava Road, Civil Lines, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Executive Engineer Public Works Department Division No. 1, Bilaspur (B/r), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Sub Divisional Officer Public Works Department Sub Division No. 3, Koni Bilaspur (B/r), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) with WPS No. 3890 of 2021 • Satanand Maadwa S/o Late Shri Hetram Maadwa Aged About 44 Years R/o Village-Bharwidih, Post- Sarwandevri, Police Station- Ratanpur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through- Secretary Department Of Public Works, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. Engineer In Chief Public Works Department, Sirpur Bhawan, Sihava Raod, Civil Lines, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. Executive Engineer, Public Works Department, Division No. 1, Bilaspur (B/r), District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4. Sub Divisional Officer, Public Works Department, Sub Division No. 3, Koni, Bilaspur (B/r), District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh .. Respondent(s) For Petitioner(s) : Mr. Abhishek Singh, Advocate For State : Ms. Shailja Shukla, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 12/09/2025 3 1. In this batch of petitions, the petitioners have prayed for their regularization on Class-IV posts from the date of their initial appointment on compassionate grounds. 2. Mr. Abhishek Singh, learned counsel for the petitioners would submit that the petitioners were appointed on compassionate basis on the posts of daily- rated labourers. He submits that the fathers/mothers of the petitioners were working as regular employees under the respondent-department and died in harness. Applications were moved by the petitioners for grant of compassionate appointment, which were duly considered by the respondent- authorities. However, instead of providing appointment against sanctioned and vacant posts, the petitioners were offered appointment as daily-rated labourers. 3. It is further submitted that as per the circular dated 12.02.2008, compassionate appointment can only be provided against sanctioned and vacant posts under the department. Therefore, the action of the respondents in appointing the petitioners as daily-rated labourers is wholly illegal, arbitrary, and contrary to the said circular. He prays for issuance of a direction to the respondent authorities to grant regular appointment to the petitioners against sanctioned and vacant posts alongwith arrears of salary from the date of their initial appointment. 4. On the other hand, Ms. Shailja Shukla, learned Deputy Government Advocate would oppose the submissions made on behalf of the petitioners. She submits that the petitioners had accepted their appointments as daily-rated employees without any protest, and after a considerable lapse of time they have now raised the grievance for regularization and payment of regular pay scale. On this ground alone, the petitions deserve to be dismissed. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. It is not in dispute that the petitioners were appointed on compassionate basis by the respondent-authorities. It is also an admitted fact that the fathers/mothers of the petitioners were regular employees of the respondent-department and died in harness. Applications submitted by the petitioners for compassionate appointment were duly considered, but instead 4 of granting them appointment against sanctioned and vacant posts in accordance with the circular dated 12.02.2008, the respondents appointed them as daily-rated labourers. Such action on the part of the respondents is per se illegal, arbitrary and contrary to the applicable policy. It amounts to clear exploitation of the petitioners. 7. Taking into consideration the above discussed facts, in my opinion, the petitioners are entitled to get regular appointment against sanctioned and vacant posts and arrears of salary from the date of their appointment on compassionate basis, as they ought to have been appointed against regular sanctioned posts under the prevailing policy. 8. Accordingly, these petitions are allowed. 9. The respondent-authorities are directed to grant regular appointment to the petitioners against sanctioned and vacant posts in Class-IV cadre, and pay them arrears of salary from the date of their initial appointment on compassionate grounds, within a period of four months from today. Sd/- Rakesh Mohan Pandey JUDGE Nadim