1 2025:CGHC:43260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 743 of 2021 1 - Smt. Santoshi Rathiya Wife Of Late Shri Ramesh Kumar Singh Rathiya Aged About 33 Years Resident Of Village- Gidhkalo, Post- Kumraha, Tahsil- Dharamjaigarh, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Atal Nagar, Mantralaya, New Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - The Chief Executive Officer Zila Panchayat, Raigarh, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 3 - The Chief Executive Officer Janpad Panchayat, Dharamjaigarh, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Shri Ajeet Kumar Yadav, Advocate. For Respondent/ State : Shri Sanjeev Agrawal, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26.08.2025 1. The petitioner has filed this petition seeking the following reliefs:- NIRMALA RAO 2 “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records of present case, from the respondents. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 03.06.2020 and further be pleased to direct the respondent authorities reconsider the case of petitioner for grant of compassionate appointment, in any suitable Class-IV post, in accordance with law. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner would submit that the husband of the petitioner, who was holding the post of Assistant Teacher (Panchayat), died in harness on 10.10.2015. The application for grant of compassionate appointment was moved by the petitioner (wife) on 15.6.2017. He would contend that initially, respondent No.2 granted time to acquire the required qualification but due to poverty, the petitioner was unable to obtain the said qualification. Consequently, her application was rejected by respondent No.2 vide order dated 3.6.2020. He would contend that the respondent authorities ought to have considered the claim of the petitioner for compassionate appointment against sanctioned and vacant Class-IV posts. He would contend that the petitioner is not claiming compassionate appointment to the post of Teacher or Secretary as per circulars dated 24.8.2016 & 5.9.2024. He would pray the order Annexure-P/1 be set aside. 3 3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the husband of the petitioner died in 2015 and till date, the petitioner has not acquired required qualification for appointment, therefore, her application was rightly rejected. 4. I have heard learned counsel for the parties and perused the documents present on the record. 5. Considering the fact that the husband of the petitioner died in 2015 and the application was moved on 15.6.2017 which has been rejected vide order dated 3.6.2020 on the ground that the petitioner could not acquire the required qualification, if the petitioner is unable to acquire the qualification necessary for appointment to the post of Teacher or Secretary of Gram Panchayat, the respondent authorities may consider her claim against sanctioned and vacant Class-IV posts according to the applicable circulars issued in this regard. The respondent authorities are directed to reconsider the claim of the petitioner. 6. With the aforesaid observation(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi