1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5817 of 2022 1 - Jay Prakash Binkar S/o Late Santosh Binkar, Aged About 35 Years R/o Near R.E.S. Officer, Behind Water Tank, In The House Of Deepak Yadav Ward No. 15 Kharpadhipara, P.S. Janjgir District Janjgir -Champa Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur District Chhattisgarh. 2 - State Of Chhattisgarh, Through Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur District Chhattisgarh. 3 - Commissioner, Higher Education, Block -3, 2/3 Floor, Indravati Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh. 4 - Additional Director, Higher Education Directorate, Block -3, 2/3 Floor, Indravati Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh. 5 - Principal, Government Naveen Mahavidyalaya Batouli District Surguja Chhattisgarh. ... Respondents For Petitioner : Mr. F.S. Khare Advocate For State : Mr. Prateek Tiwari, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 15.07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- 2 “10.1 That this Hon'ble court may kindly be pleased to quash the impugned order dated 20.07.2022 (P/1) passed by respondent no. 4 and be pleased to direct the respondents to grant compassionate appointment to the petitioner forthwith. 10.2 This Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Learned counsel appearing for the petitioner would submit that the father of the petitioner, namely Santosh Binkae, who was posted in the post of Assistant Grade-I under respondent No.5 died in harness on 12.10.2016. He would further submit that the petitioner moved an application for the grant of compassionate appointment on 24.09.2018 within a period of three years from the date of death and the mark of receipt is available on the application form Annexure P/3. He would contend that the application of the petitioner has been rejected by respondent No.4 vide order dated 20.07.2022 on the ground that the period of 3 years elapsed from the date of death and thus the application for the grant of compassionate appointment was not maintainable according to Clause 16 of the Policy for the compassionate appointment. He would further contend that the application for the grant of compassionate appointment was moved within limitation and it remained pending before the respondent authorities, therefore, the respondent authorities were under an obligation to consider the claim of the petitioner. He would pray to allow the present petition. 3. On the other hand, the learned counsel appearing on behalf of the State would oppose. He would submit that the petitioner moved an application for the grant of compassionate appointment on 24.09.2018 and it was not considered for a considerable period. He would further 3 submit that according to Clause 16 of the Policy dated 23.02.2019, the decision could not be taken within a period of three years from the date of death of the government servant, therefore it was rejected. He would also contend that respondent No.4 has rejected the application moved by the petitioner for the grant of compassionate appointment strictly in accordance with law and therefore, the present petition deserves to be dismissed. 4. Heard the learned counsel appearing for the parties and perused the documents placed on the record. 5. Clause 16 of the circular for the compassionate appointment issued by the State Government states that the maximum period to claim compassionate appointment would be three years and in special circumstances, this period may be extended to 5 years The provision is reproduced herein below:- “16. अनुकम्पा निनुयुक्ति क लिए समयु-सम - सामान्य परिस्थि तिय मा अनुकम्पा तिनुयस्थि क लिए अधिकमा अवधि 3 वर्ष होगी! था तिवशेर्ष परिस्थि तिय मा यहो अवधि 5 वर्ष होगी! तिकनु, इसाक लिए औलि&त्य एव( कण दशे हुए प्रशेसाक-य तिवभागी क माध्यमा सा सामान्य प्रशेसानु तिवभागी क- अनुमाति प्रप् कनु आवश्यक होगी!।" 6. In the present case, the father of the petitioner died on 12.10.2016 and the application for the grant of compassionate appointment was moved by the petitioner on 24.09.2018 within a period of three years from the date of death and thus, the application was within limitation. 7. The observation made by respondent No.4 appears to be erroneous and therefore, the order passed by respondent No.4 dated 20.07.2022 is hereby quashed. The respondent authorities are directed to reconsider the claim of the petitioner for the grant of compassionate 4 appointment strictly in accordance with the law, preferably within a period of 120 days from the date of receipt of a copy of this order. 8. With the aforesaid observation(s)/direction(s), the present petition is disposed of. sd/- (Rakesh Mohan Pandey) JUDGE Rekha