1 2025:CGHC:20467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 995 of 2020 Kuldeep Singh Thakur S/o Late Shri Santosh Singh Thakur Aged About 27 Years R/o Purana Chandaniya Para, Ward No. 17, Parshuram Marg, Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of C.G. Infra Structure Development Corporation, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District - Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary General Administration Department, Raipur, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 3 - Managing Director, Sport And Youth Welfare Department (Transport Section), Sardar Vallabh Bhai Patel International Hockey Stadium Raipur, District - Raipur, Chhattisgarh 4 - Chief Executive Officer Jila Panchayat, Janjgir, District - Janjgir-Champa, Chhattisgarh 5 - Collector Janjgir, District - Janjgir – Champa, Chhattisgarh ... Respondents For Petitioner : Mr. Aniruddha Shrivastava, Advocate For Respondents 1 to 3 & 5/State : Ms. Mukta Tripathi, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 05.5.2025 1. With the consent of the parties, the matter is heard finally. 2. This petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following relief:- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.05.07 17:56:13 +0530 2 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to this case. 10.2 That, this Hon'ble Court may kindly be pleased to allow the petition and direct the respondents to consider the case of petitioner for appointment on the post of Shiksha Karmi with the condition that he should acquire the minimum qualification within 3 years, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to allow the petition and direct the respondents to consider the case of petitioner for compassionate appointment on any class-III or Class-IV post as per the circular dated 14.06.2013 of General Administration Department. 10.4 That any other relief, which this Hon’ble Court may deem fit and proper together with cost of the petition. 3. Learned counsel for the petitioner submits that father of the petitioner, namely Late Shri Santosh Singh Thakur, was the employee of erstwhile Madhya Pradesh State Transport Corporation. After the creation of new state of Chhattisgarh, aforesaid Corporation was dissolved and the employees were merged in CIDC (Chhattisgarh Infrastructure Development Corporation). The petitioner’s father was placed in deputation in the Sports and Youth Welfare Department as peon in Janjgir Champa district and he died in harness on 05.11.2018. The petitioner, being the son of deceased employee, applied for compassionate appointment, but his application was rejected stating that the dependent of the deceased employee of CIDC are given compassionate appointment on the post of ‘Shiksha Karmi Grade-III’ as per Circular dated 19th July, 2011 issued by State Government. But since the petitioner is not holding the minimum educational qualification for appointment on the post of Shiksha Karmi Grade-III, therefore, his application was rejected by impugned order dated 18.4.2019 (Annexure-P/3) by respondent No.4. Learned counsel further submits that the State Government itself has framed Integrated Revised Instructions 2013, 3 regarding Compassionate Appointment on the death of Government Servant during service (for short ‘Instructions 2013) with regard to grant of compassionate appointment, but vide alleged Circular dated 19.7.2011 (Annexure-R/1), dependent members of the deceased employee of the CIDS have been confined to grant compassionate appointment only as Shiksha Karmi Grade-III. The alleged direction was issued by the State Government on 19.7.2011 vide Annexure R/1, but at that time, for the appointment of Shiksha Karmi Grade-III, passing of B.Ed./D.Ed. and T.E.T. examination was not required, therefore, learned counsel submits that compassionate appointment may be granted to the petitioner by relaxing requisite qualifications as per the Instructions 2013. Learned counsel further submits that since 2019, Shiksha Karmi Grade-III is a dying cadre, as it has been merged with School Education Department and vide Circular No.F 7- 1/2011/1-3, Nava Raipur, Dated 06th October, 2023, the State Government itself has recalled Circular dated 19.7.2011 (Annexure-R/1). Learned counsel further submits that in WPS No.2480/2025, WPS No.4272/2020 and other connected writ petitions, Coordinate Benches of this Court have granted relief to the similarly situated persons, who were dependent to the ex-employees of the MPSRTC/CIDC, directing the State authorities to consider the case of the petitioners to provide them compassionate appointment. Therefore, he prays that this petition may be allowed and similar relief may be granted to the petitioner. Learned counsel lastly submits that since the petitioner does not have the requisite qualification for appointment on the post of Shiksha Karmi Grade-III, therefore, he may be appointed on the post of Peon or other similar Class IV post, as per Circular dated 14.6.2013 (Annexure-P/4) issued by General Administration Department, Govt. of Chhattisgarh. 4 4. The State has filed its reply. The State counsel while referring to its reply would submit that vide Circular dated 19.7.2011 (Annexure-R/1), instructions were issued by the State Government that the employees of MPSRTC, who were attached with CIDC, in the event of their death in harness, their dependent members be granted compassionate appointment on the post of Shiksha Karmi Grade-III, as per the terms of the aforesaid circular. She would further submit that in pursuance of the application filed by the petitioner, vide Communication dated 18.4.2019 (Annexure-P/3), he was informed about Circular dated 19.7.2011 that since he is not having requisite qualification of passing of B.Ed./D.Ed. and T.E.T. certificate, he is not eligible for appointment on the post of Shiksha Karmi Grade-III. She would further submit that said communication was made to the petitioner on 18.4.2019 and even thereafter he did not obtain said qualification after lapse of about 06 years, therefore, the petitioner is not entitled to get compassionate appointment. However, she submits that at present there is no such post of Shiksha Karmi Grade-III in existence, therefore, circular dated 19.7.2011 has been withdrawn by the State Government vide Circular dated 06.10.2023 and Chhattisgarh Water Resources Department has been declared to be Administrative Department of CIDC and now Water Resources Department has been directed to provide compassionate appointment to the dependent of deceased employees of dissolved MPSRTC merged in CIDS. She lastly submits that since, at the time of death of petitioner’s father, Circular dated 19.7.2011 (Annexure-R/1) was effective and as per that circular, the petitioner was not having requisite qualification of B.Ed./D.Ed. and T.E.T. passing certificate, therefore, he was not eligible for appointment on the post of Shiksha Karmi Grade-III, therefore, his application has been rejected, hence, this petition is liable to be rejected. 5 5. I have heard learned counsel for the parties and perused the material available on record. 6. Government of Chhattisgarh, General Administration Department, granting compassionate appointment to the dependent family members of its deceased employees, has issued “Integrated Revised Instructions 2013, regarding Compassionate Appointment on the death of Government Servant during service”. 7. Perusal of the aforesaid Instructions clearly show that there is policy decision of the State Government that, in event of death of regular employee or contingency/work charged employee, working in regular establishment, in harness, his dependent family members would be provided compassionate appointment as per the provisions of Instructions 2013. 8. Rule 3 & 5 of the Instructions 2013 provides as under:- “3. दिवंगत शासकीय सेवक से तात्पय - दिवंगत शासकीय सेवक से तात्पय ऐसे दियदित शासकीय सेवक से है, जो दियदित शासकीय सेवक के रूप ें कायरत रहा हो अथवा आकस्मि क सेवा/कायभारिरत थापा का दियदित रूप से कायरत कचारी रहा हो एवं सेवाकाल के ौरा जिजसका असायियक दिध/आत्हत्या द्वारा हो गया हो ।" 4. XXX XXXX XXXX 5. अुकम्पा दियुदि0 हेतु पात्र उम्ीद्वारः- दिवंगत शासकीय सेवक के आश्रि5त परिरवार के दिम्लिललि7त वय क स यों ें से दिकसी एक स य को ीचे र्शिशत क्राुसार अथात् (क) के अ वीकार करे पर या पात्र होे पर (7) को एवं उसक पश्चात इसी अुक्र से आगे (ग) ,(घ), (ङ) की अुकम्पा दियुदि0 हेतु क्रशः दिवचार दिकया जायेगाः- (क) दिवंगत शासकीय सेवक की दिवधवा / दिवधुर, (7) पुत्र / त्तक पुत्र, (ग) [* * *] पुत्री /[ * * *] त्तक पुत्री, (घ) आश्रि5त दिवधवा पुत्री / आश्रि5त त्तक दिवधवा पुत्री एवं, (ङ) आश्रि5त तलाकशुा पुत्री / आश्रि5त तलाकशुा त्तक पुत्री, [(च) पुत्र वधु ।] 6 9. In the instant case, undisputedly, the petitioner is son of Late Santosh Singh Thakur, who was earlier employed with MPSRTC, and after formation of State of Chhattisgarh, his service was merged with CIDC and thereafter he was sent on deputation to work with Sports and Youth Welfare Department in Janjgir Champa district on the post of peon. It is also evident from the record that even after formation of the State of Chhattisgarh, he worked with the department of State Government till 2018, until his death. Despite that, the State authorities, instead of granting compassionate appointment to the petitioner, playing with his life and future. If there is clear instructions of the State Government to grant compassionate appointment and further it seems that in the year 2011 when there was no condition of having requisite qualification of B.Ed./D.Ed. and T.E.T. passing certificate for granting compassionate appointment on the post of Shiksha Karmi Grade-III, then why it was not granted to the petitioner. Further why such poor employee of low paid salary was put in such harsh condition that they should obtain B.Ed./D.Ed. and T.E.T. passing certificate. Even if a person does not have such qualification, then why should he not be appointed on the post of Peon or other post of Class IV cadre, for which the petitioner is willing to be appointed. 10. It is also apt to be noted here that as per Circular No. No.F 7-1/2011/1- 3, Nava Raipur, Dated 06th October, 2023, issued by Govt. of Chhattisgarh, General Administration Department, post of Shiksha Karmi Grade-III is not in existence. Further, vide aforesaid circular, Circular dated 19.7.2011 (Annexure-R/1) has been recalled and Water Resources Department of Govt. of Chhattisgarh has been declared as administrative department of employees of dissolved MPSRTC attached with CIDC. Thus, since post of Shiksha Karmi Grade-III is not in existence, therefore, Circular dated 7 19.7.2011 was recalled by the State Government itself, then having considered the Instructions 2013, the State Government/respondent authorities ought to have granted compassionate appointment to the petitioner. 11. Since vide Circular dated 06.10.2023, Water Resources Department, Govt. of Chhattisgarh has been declared as administrative department of the employees of dissolved MPSRTC/CIDC and aforesaid department has also been directed to grant compassionate appointment to the dependent members of the deceased employee of the MPSRTC merged with CIDC, therefore, Water Resources Department of Govt. of Chhattisgarh ought to have considered the case of the petitioner for grant of compassionate appointment . 12. In view of the above discussion, I feel inclined to allow the instant petition. Consequently, Communication dated 18.4.2019 (Annexure-P/3) passed by respondent No.4, whereby the claim of the petitioner for compassionate appointment was rejected, is set aside/quashed. Respondent No.2/State is directed to direct Secretary, Water Resources Department, Govt. of Chhattisgarh to consider the case of the petitioner for grant of compassionate appointment in the light of Circular No.F 7-1/2011/1-3, Nava Raipur, Dated 06th October, 2023 and Instructions 2013. it is further directed that the said exercise be completed within a period of 90 days from today. 13. Learned counsel for the State is also directed to follow the order of the Court. Sd/- (Naresh Kumar Chadnravanshi) Judge Bini