2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 4281 of 2022 Heerasingh Balmik S/o Late Shri Paltan Singh Balmik, Aged About 46 Years R/o Ward No. 05, Bemetara, Tahsil And District Bemetara Chhattisgarh. ---- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Director, Directorate Of Urban Administration And Development Department, Indravati Bhawan Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Joint Director, Urban Administration And Development Durg, District : Durg, Chhattisgarh 4 - The Collector, Bemetara, District : Bemetara, Chhattisgarh 5 - Chief Municipal Officer, Municipal Corporation Bemetara, District : Bemetara, Chhattisgarh Respondents For Petitioner : Shri Shashi Kumar Kushwaha, Advocate. For Respondent /State : Shri Vedant Shadangi, P.L. For Respondent : Shri Santosh Bharat, Advocate for the respondent No.5. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 21/11/2025 1. By the way of this writ petition, petitioner is seeking for the following relief : (i) That, this Hon'ble Court may kindly be pleased to quash/set-aside impugned order dated 08.07.2020 (Annexure P-1) passed by the respondent No. 3, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no. 3 to reconsider the claim of the petitioner and decide/pass an order for appointment on the compassionate basis in the light of Annexure P-6 within stipulate time according to law at looking to the problem of survival the petitioner, in the interest of justice. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.11.24 17:50:47 +0530 -2- (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner's mother namely – Saharin Bai Balmik who was working as Cleaner (Safai Karmi) at Municipal Corporation, Bemetara, District - Bematara (C.G.) died in harness on 15/09/2017. After the death of her mother petitioner made an application for grant of compassionate appointment which was was rejected by respondent No.3 vide order dated 08/07/2020 (Annexure P/1) indicating therein that order to obtain employment on the Class-IV post by direct recruitment, the minimum qualification is Class 08th Passed but as the petitioner was not holding that qualification and he was only Class 05th passed, the application was rejected. He further submits that later on the petitioner obtained Class 10th examination mark-sheet, his case was forwarded to respondent No. 3 by respondent No. 5 for reconsideration case for compassionate appointment. He therefore submitted that concerned respondent may be directed to consider the case of the petitioner for grant of compassionate appointment. 3. Learned counsel for the respondents supports the impugned order and submits that as the petitioner was not holding the requisite qualification for appointment on Class- IV post, the impugned order rejecting his claim for compassionate appointment was rightly passed. 4. Heard learned counsel for the parties and perused the record. 5. Having considered the facts and circumstances of the case, it is apparent that the petitioner has now passed Class 10th examination and respondent No.5 has also forwarded his case to respondent No.3 for consideration, and being that, this Court is of the view that respondent No.3 shall take a decision on the communication dated 23/10/2021 (Annexure R/5-3 ) within a period of 60 days from the date of receipt of copy of this order. The petitioner however shall communicate this order to respondent No.3. 6. With these observation and direction, this writ petition is disposed of. Sd/- (Sachin Singh Rajput) Judge Ashish