Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 176 of 2022 Naresh Ratre, S/o Late Shri Lakhanlal Ratre, Aged About 30 Years R/o. Gariyaband, Tahsil And District Gariyagand Chhattisgarh ---- Petitioners Versus 1 - State Of Chhattisgarh, Through Secretary, Department Of Rural, Agriculture And Development, Mahanadi Bhawan, Matralaya Atal Nagar, Raipur, District Raipur Chhattisgarh 2- Collector, Gariyaband, District Gariyaband Chhattisgarh 3 - Sub Divisional Agril. Officer, Gariyaband, District Gariyaband Chhattisgarh Respondents For Petitioner : Shri Bharat Lal Sahu, Advocate. For Respondents : Shri Rajkumar Gupta, Addl. A.G.. Hon'ble Shri Justice Sachin Singh Rajput
Order on Board 10/10/2025
1. This writ petition has been filed seeking for the following relief :-
"(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to decide/pass an order on the application of the petitioner for appointment on the compassionate basis according to policy of the State Govt. within stipulated time, in the interest of justice. (ii) 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 father of the petitioner Late Lakhan Lal Ratre was working as Rural, Agriculture and Extension Officer with the respondent Department and died in harness on 19/09/1996. At the time of death of his father, the petitioner was a minor, after attaining the majority, he moved an application for grant of compassionate appointment before the the respondent ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.10.29 12:48:30 +0530
-2- Department on 06/11/2015. He submits that the application of the petitioner has not been considered to its proper prospective and therefore this writ petition has filed seeking for the aforesaid relief. He further submits that his father was employment of the respondent, the candidature of the petitioner for appointment on the compassionate ground ought to have been considered by the respondents. Therefore, the relief claimed in the writ petition will be granted. 3. Per contra, learned counsel for the respondents submits that the father of the petitioner died in the year, 1996. The application of the petitioner Annexure P/1 have already been considered by the respondent Department and vide its communicated date 28/11/2015 (Annexure R/1), it has been returned back stating that according to circular dated 02/02/2006 only the dependent of the person who died in harness working in the territorial jurisdiction of Chhattigarh from 01/01/1997 would be considered for compassionate appointment. As the father of the petitioner has died on 19/09/1996, he was not entitled to compassionate appointment. He further submits that according to the Annexure P/1, the date of birth of the petitioner is 08/06/1992 and he attain the majority in the year-2010 and after a lapse of 05 years made an application which was duly considered and rejected vide Annexure R/2 in the year-2015 itself and the writ petition has filed in the year 2022, therefore it suffer from delay and latches. 4. Heard learned counsel for the parties and perused the record. 5. Though this Court is not going into the fact that the writ petition is filed after passing the sufficient time but the fact remains that the candidature of the petitioner was rejected by the respondents vide Annexure R/2 in the year-2015 itself. Neither the petitioner has challenge that by amending the writ petition or by way of rejoinder.
Apart from this, Annexure R/2 also indicates that the consideration for compassionate appointment would only be made for the employees died after 01/11/1997. 6. Therefore, this writ petition doesn’t have any merits and is liable to be and is hereby dismissed. Sd/- Sd/
Sd/- (Sachin Singh Rajput) Judge Ashish