1 2025:CGHC:3775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7362 of 2022 1 - Abhishek Wagh S/o Late Manohar Lal Wagh Aged About 26 Years R/o Near Ruchi Sari Centre, Pandey Dairy, Changora Bhata, District : Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary General Administration Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Collector Raipur, District : Raipur, Chhattisgarh 3 - Managing Director Chhattisgarh Infrastructure Development Corporation, Old Phq Campus, Near Raj Bhawan, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Vaibhav Shukla, Advocate For State/Respondents No. 1 & 2: Ms. Shailja Shukla, Dy. GA For State/Respondents No. 3 : Mr. Suyashdhar Badgaiya, Dy. GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.04 12:10:06 +0530 2 21/01/2025 1. Heard Mr. Vaibhav Shukla, learned counsel for the petitioner. Also heard Ms. Shailja Shukla, Dy. GA for State/respondents No.1 and 2 as well as Mr. Suyashdhar Badgaiya, Dy. Government Advocate for the respondent No.3/CIDC. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. That, Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions to quash the impugned Circular No. F 7-1/2011/1-3 dated 19/07/2011 issued by the General Adminis- tration Department. 10.2 That, Hon'ble Court may kindly be pleased to quash the impugned order dated 10/03/2021 passed by the Collector Raipur rejecting the com- passionate appointment application made by the Petitioner. 10.3 That, Hon'ble Court may kindly be pleased to direct the Respondent authorities to consider afresh the claim of the Petitioner for compassionate appointment and appoint the petitioner on appropri- ate post on the ground of compassion in place of his father within stipulated time by deciding his ap- plication.” 3. Learned counsel for the petitioners submits that the father of the petitioner was working on the post of Fuel Attender (Chaukidar) at Chhattisgarh State Woman Commission (On Deputation) at Raipur. He was originally the employee of Chhattisgarh Infrastructure Development Corporation (hereinafter referred as CIDC). He died in harness on 11/08/2020. Thereafter the 3 petitioner made application in prescribed format along with all the required documents in support of his qualification on 01/09/2020. (ANNEXURE P-3). Whereupon the Secretary, Chhattisgarh State Woman Commission wrote a letter to Managing Director, CIDC on 18/09/2020 forwarding the application made by the petitioner for required action. On 19/10/2020 General Manager CIDC forwarded the application of the Petitioner for compassionate appointment to Collector District Raipur for required action. But on 10/03/2021 a letter was issued by the office of Collector Raipur in response to the application for compassionate appointment of the petitioner. The application of the petitioner was rejected vide this letter. Reason assigned was that the petitioner is not having the requisite qualification for the post of Shiksha Karmi/Assistant Teacher. The petitioner vide impugned letter/order dated 10/03/2021 was given 15 days time to come up with the documents in support of his qualification if at all he has the same (Annexure P-1.) The application of the petitioner for compassionate appointment has been rejected mainly on the basis of the letter/Notification no. F7- 1/2011/1-3 dated 19/07/2011 (ANNEXURE P-2) issued by the General Administration Department, State of Chhattisgarh. This letter lays down the provisions for grant of compassionate appointment to the employees of the dissolved Chhattisgarh State transportation Corporation under the control of CIDC. According to this letter State had decided to give compassionate appointment to the 4 relatives of deceased employees under the control of CIDC, from the dissolved State Transport Corporation on the post of Shiksha Karmi Class 3 only. Clause 3 of the said letter provides for the eligibility for compassionate appointment on the post of Siksha Karmi Class-III only, as such, Clause 3 is arbitrary and illegal for the reasons of differentiating, the family of the deceased employee of dissolved State Transport Corporation under the control of CIDC, from the rest of the State Government employees. Thereafter, the petitioner has made a representation to the Collector, Raipur as well as the Managing Director, CIDC, Raipur. He has stated in the representation that after the demise of his father on 11/08/2020 the responsibility of whole family has come to his shoulder. He does not possess the required qualification therefore as per the qualification, the appointment may be given to him on any vacant post ( ANNEXURE P-6). He would also contend that the Policy dated 19.07.2011 was superseded by the policy dated 26.10.2023, which says that the claim of the dependents of the deceased employees of CIDC would be considered against the sanctioned and vacant posts lying with CIDC itself. He would argue that there is a set up of only 9 posts in CIDC and therefore, the claim of the petitioners is not being considered in the absence of a vacancy. He would lastly argue that the State as well as the CIDC may be directed to consider the claim of the petitioners. 4. On the other hand, Ms. Shukla, learned Deputy Government 5 Advocate would oppose the submissions made by Mr. Shrivastava. She would submit that the subsequent policy came into force on 26.10.2023 and in the absence of vacancy, the claim of the petitioners cannot be accepted. It is also argued that for the post of Shiksha Karmi Grade-III, the required qualification was Class 12th + D.Ed.+ TET and the petitioner did not have that qualification, therefore, his claim was rejected. 5. Learned counsels appearing for respondent/CIDC would submit that the CIDC has to follow the guidelines issued by the State Government. They would further submit that the CIDC has an available strength of 9 officers/employees and that too on the deputation. They would also submit that as per the letter dated 07.02.2014 of the Chhattisgarh Government, Panchayat and Rural Development Department, the qualification was revised and B.Ed./D.Ed. degree and TET exam along with higher secondary was made compulsory for appointment to the post of Shiksha Karmi Grade-III. They would lastly submit that if in future, a vacancy arises, the claim of the petitioners would be considered. 6. Heard the learned counsels appearing for the parties and perused the documents placed on the record. 7. 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 6 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. It is informed by the Advocates appearing for the CIDC that there are only 9 employees in the department and all are on deputation, meaning thereby, in future, there is no possibility of arising out of any vacancy to consider the claim of the petitioner, therefore, such policy appears to be a farce. It is also informed that the matter was referred by the Department to the State to consider the claim of the petitioner against any vacancy arising with the Municipal Corporations, Municipalities or Board etc. but till date, no decision has been taken. 8. Taking into consideration the above-stated facts, the respondent/Secretary, Water Resources Department is directed to consider the claim of the petitioner afresh. The decision taken by the respondent authorities, whereby the claim of the petitioner for compassionate appointment was rejected, is hereby quashed. 9. It is expected that the Secretary, Water Resources Department shall consider and pass 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 7 a copy of this order(s). 10. With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi