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2025 DAILYLAW 49482 (CHH)

SMT. REENA JOSHI v. STATE OF CHHATTISGARH

WPS/12941/2025 · 2025-11-13

Shri Narendra Kumar Vyas

body2025

Judgment text

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2025:CGHC:55692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12941 of 2025 1 - Smt. Reena Joshi W/o Shri Om Prakash Joshi Aged About 33 Years Occupation Service, Presently Posted As Peon, Jail Head Quarters, Nava Raipur, Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home And Jail, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - The Director General Jail And Reformative Services, Jail Head Quarters, Nava Raipur, Distt. Raipur, Chhattisgarh. 3 - Superintendent Of Jail Central Jail, Jagdalpur, Distt. Bastar, Chhattisgarh. 4 - Superintendent Of Jail District Jail, Dantewada, Distt. Dakshin Bastar, Chhattisgarh. ---- Respondent(s) For Petitioner : Ms. Akanksha Singh, Advocate For State : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 14.11.2025 1. Present writ petition has been filed by the petitioner with prayer to direct the respondents to consider her case for appointment on the post of AG-III as per the Policy of the State Government for grant of compassionate appointment which has been increased from 10% to 25% as per the circular dated 03.06.2015. 2. The facts of the case in brief are that the petitioner’s father was working on the post of Warden with Jail Department at Dantewada. He was assassinated on 24.03.2015 in a Naxalite attack. She was granted compassionate appointment on the post of peon by the Director General of Jail and Reformative Services, Raipur on 09.09.2015 as post reserved for compassionate appointment to the post of AG-III was 10% of total sanctioned post which comes to one post and the one post of AG-III was already filled up. Since, then she is working on the post of peon. Later she came to know that the Government has revised sanctioned posts from 10% to 25% as per Clause 3.1 of the Circular dated 03.06.2015. The petitioner was appointed on 09.09.2015 and without following the circular 03.06.2015 she has been appointed on the post of peon, thereafter, she has filed present writ petition seeking direction for considering her case for appointment on the post of AG-III. 3. On the other hand, learned State counsel would submit that strength of the department for the post AG-III is 15 out of which 11 posts falls under direct recruitment and 4 posts belong to promotional channel. For compassionate appointment only one post was reserved which was not vacant, therefore, she was given appointment to the post of peon. Once she has joined to the post of peon and already she has worked for more than 10 years, she is not now entitled for AG-III on compassionate ground, therefore, would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the record. 5. It is not in dispute that father of the petitioner was assassinated on a Naxalite Attack and for the last 10 years, the petitioner is working as peon. Now the petitioner cannot turn up and claim appointment to the post of AG-III afresh, therefore, the contention raised by the petitioner deserves to be rejected, accordingly, it is rejected. 6. However, considering the submission that 4 posts of AG-III can be filled up by promotion from the class IV employees, if the vacancy exists, the respondents are directed to consider the case of the petitioner for promotion. Let this exercise be carried out within 4 months from the date of receipt of copy of this order. 7. With the aforesaid observation and direction, the writ petition (S) is disposed off. Sd/- (Narendra Kumar Vyas) Judge kishore KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.11.21 11:17:31 +0530