1 / 5 2025:CGHC:17951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3873 of 2022 1 - Smt. Manimala W/o Lt. Manish Kumar, Aged About 43 Years R/o 420/08/15, Road-06, Ashish Nagar, West Risali - Bhilai, District : Durg, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Chief Executive Officer, Jila Panchayat Balod, District : Balod, Chhattisgarh 3 - The Chief Executive Officer, Janpad Panchayat Gunderdehi, District : Balod, Chhattisgarh 4 - The Principal, Govt. H.S.S. Barbaspur, Block - Gunderdehi, District : Balod, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. T. K. Jha, Advocate For Respondents/ State : Ms. Nupur Trivedi, Panel Lawyer For Respondents No.2 & 3 : Mr. Gagan Tiwari, Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.22 10:48:35 +0530 2 / 5 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/04/2025 1. By the present writ petition, the petitioner, whose husband late Manish Kumar died on 29/11/2017 while working on the post of Lecturer (Panchayat) in the Govt. H. S. School, Berbaspur, Block Gunderdehi, District Balod, is seeking a direction towards the respondent authorities for grant of appointment on compassionate ground and also seeking quashment of the impugned order dated 05/06/2021 (Annexure P/5) passed by respondent No.2/ CEO, Zila Panchayat, Balod whereby the authority has rejected the claim of the petitioner on the ground that the petitioner failed to produce the requisite qualification within the stipulated period i.e. on or before 19/04/2021. 2. (i) Learned counsel appearing for the petitioner submits that the petitioner has submitted an application for compassionate appointment on 10/03/2018 (Annexure P/1) after the death of her husband however, vide orders dated 19/04/2018 and 02/08/2018, the respondents have asked the petitioner to obtain the requisite qualification i.e. B.Ed/ D.Ed and TET. He submits that vide letter dated 27/05/2021, the petitioner informed the respondent/ CEO, Zila Panchayat, Balod that she is pursuing in the 4th Semester of B.Ed course, hence she may be granted appointment on compassionate ground. In spite of this fact, the respondent authorities have rejected the claim of the petitioner on the ground that the requisite qualification of the petitioner was not produced 3 / 5 before the authorities within the stipulated period i.e. before 19/04/2021. (ii) Learned counsel by referring the circular dated 07/02/2014 (annexed with the reply of the State), submits that minimum three years’ period has to be provided to the candidate who was not having the requisite qualification for grant of compassionate appointment in case of death of deceased teacher (Panchayat cadre). He would further submit that the petitioner completed her B.Ed on 28/10/2021 and produced the same before the respondent authorities and again applied for grant of compassionate appointment on the strength of the said certificate of the B.Ed on 04/05/2022 hence, the petitioner preferred the present writ petition seeking a direction towards the respondent authorities for grant of compassionate appointment in lieu of the death of her husband. (iii) Though the petitioner has completed her B.Ed course and qualified on 28/10/2021, the same is just delayed by five months because of outbreak of COVID Pandemic in the entire world however, till date, the respondent authorities have not considered the claim of the petitioner, despite the fact that she is entitled for appointment on the compassionate ground. 3. Learned counsel appearing for the State as well as the counsel for respondents No.2 & 3 would submit that the certificate of B.Ed produced by the petitioner on 28/10/2021 whereas the petitioner has to produce the same within the stipulated period i.e. before 19/04/2021. The petitioner acquired the qualification after a delay 4 / 5 of more than five months from the required date i.e. 19/04/2021, as the petitioner was not fulfilling the requisite qualification as per the circular dated 07/02/2014 the petitioner is not entitled for the same and hence, the claim of the petitioner has rightly been rejected by the respondent authorities. 4. I have heard learned counsel for the parties, perused the pleadings and the documents. 5. From perusal of the pleadings, it appears that the petitioner has acquired the certificate of B.Ed on 28/10/2021. It is not in dispute that during the date when the petitioner’s husband died, the petitioner was not having the qualification of B.Ed. When the petitioner was pursuing B.Ed course, the entire nation was facing the outbreak of COVID pandemic, still at that time, the petitioner acquired the qualification however, she passed the B.Ed examination after a delay of five months from the required date. It is also not in dispute that the reason of delay was not within the control of the petitioner 6. In the case at hand, looking to the situation of Covid pandemic, the respondent authorities should consider the claim of the petitioner for grant of compassionate appointment treating the claim of the petitioner is within the stipulated period as prescribed under the policy of the state government. The delay of five months in producing or acquiring the qualification of B.Ed cannot be treated as a delay in fact, the petitioner has acquired the certificate fo B.Ed as directed by the respondent authorities although it is a delay of five months. 5 / 5 7. In view of the facts and circumstances of the case and looking to the fact that presently the school where the husband of the petitioner was working has been merged with the School Education Department and even the post of Lecturer (Panchayat) has also been merged with the School Education Department, the respondent authorities/ the Secretary, Education Department, C.G. is directed to consider the case of the petitioner afresh by treating her B.Ed qualification acquired by the petitioner within the stipulated period of three years and take necessary steps for grant of compassionate appointment to the petitioner within a period of 50 days from the date of receipt of a copy of this Order. 8. Accordingly, the writ petition is allowed to the extent indicated above. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar