1 2025:CGHC:24889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1928 of 2017 1 - Vijay Kumar Sidar S/o Hari Prasad Sidar, Aged About 40 Years R/o Chhatauna, Tehsil Sarangarh, Civil And Revenue District Raigarh Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture And Biological Technology, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - Divisional Joint Director Agriculture, Division Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Collector, Mahasamund, Distt - Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh 4 - Assistant Director Agriculture, Mahasamud, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh 5 - Sub Divisional Agriculture Officer, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner : Mr. Govind Dewangan, Advocate For State : Mr. Lav Sharma, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.06.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. REKHA SINGH Digitally signed by REKHA SINGH -2- 10.2 That, this Hon'ble Court may kindly be pleased to quash/set aside the impugned order/letter no./Stha.-1/A.Ni./20/2016/948 dated 20.07.2016 issued by the respondent no.2 ie. Divisional Joint Director Agriculture, Division Raipur, District Raipur (C.G.) and kindly be pleased to direct the respondents to reconsider the petitioner's application for grant of appointment on the compassionate ground in accordance with policy/circular within period of 2 months. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Mr. Dewangan, the learned counsel appearing for the petitioner would submit that the elder brother of the petitioner, namely Jay Prasad Sidar was working as Rural Agriculture Development Officer under the respondents. He died in harness on 08.11.2001 and on 11.01.2002, an application for compassionate appointment was moved by the petitioner. He would further submit that vide order dated 20.07.2016, the application of the petitioner has been rejected on the ground that the application was moved at a belated stage after the expiry of limitation. He would also submit that the respondents never communicated the petitioner regarding any deficiency in the application and without any sufficient reason, the application has been rejected. 3. On the other hand, Mr. Sharma, the learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Dewangan. He would submit that the petitioner could not rectify the deficiencies in the application, therefore, his application for compassionate appointment was rejected. 4. Heard learned counsel appearing for the parties and perused the documents placed on the record. 3 5. Taking into consideration the fact that the elder brother of the petitioner died on 08.11.2001 and the application for compassionate appointment was moved on 11.01.2002 which was within limitation, the reasons assigned by the Joint Director Agriculture, Division Raipur in the order dated 20.07.2016 appear to be erroneous and accordingly quashed. The respondent authorities are directed to consider the claim of the petitioner afresh preferably within a period of three months from today. 6. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha