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2025 DAILYLAW 4974 (CHH)

KU. VINALISA SUKHDEV v. STATE OF CHHATTISGARH

WPS/859/2018 · 2025-02-18

Shri Sanjay K Agrawal

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Judgment text

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1 WPS No. 859 of 2018 2025:CGHC:8409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 859 of 2018  Ku. Vinalisa Sukhdev D/o Late Devendra Prasad Sukhdev, aged about 20 years, R/o Budhwari Ward, Ward No. 14, Near Dr. Ambedkar Library, Dongargarh, District Rajnandgaon, Chhattisgarh. ... Petitioner versus 1. State of Chhattisgarh, through Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2. Director, Public Education, Sanchanalaya, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3. District Education Officer, District Rajnandgaon, Chhattisgarh. 4. Dr. Ambedkar High School, Dongargarh, through its Principal, Dr. Ambedkar High School, Dongargarh, District Rajnandgaon, Chhattisgarh. ... Respondents For Petitioner :- Mr. Parag Kotecha, Advocate. For State :- Mr. Sharad Mishra, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/02/2025 1. This writ petition is directed against the impugned order dated 26.12.2017 by which petitioner’s application for grant of compassionate appointment has been rejeted on ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.02.19 16:49:40 +0530 2 WPS No. 859 of 2018 the ground of delay as the petitioner’s application was barred by limitation. 2. Learned counsel for the petitioner submits that as per Clause No.16 of Circular dated 14.06.2013 vide Annexure R/1, the period of 3 years is prescribed for filing the application for grant of compassionate appointment, as such, the impugned order dated 26.12.2017 is liable to be set aside and the petitioner is entitled for compassionate appointment. 3. Mr. Sharad Mishra, learned State counsel, submits that the deceased father of the petitioner was the employee of the private aided school, therefore, the petitioner is not entitled for compassionate appointment. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 5. A careful perusal of Clause No.16 of the Circular dated 14.06.2013 (Annexure R/1) would show that period of limitation is three years for filing the application for grant of compassionate appointment, therefore, impugned order dated 26.12.2017 is set aside. The respondents are directed 3 WPS No. 859 of 2018 to decide the petitioner’s application for grant of compassionate appointment on merits in accordance with law within three months from the date of receipt of copy of this order by passing speaking and reasoned order. However, respondents are at liberty to take objection that the petitioner is not entitled for compassionate appointment on the ground that the deceased-father of the petitioner was the employee of the private aided school. 6. With the aforesaid observation the writ petition stands allowed and disposed off, accordingly. Sd/- Sd/- (Sanjay K. Agrawal) Judge Ankit