1 2025:CGHC:61778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(S) No.2595 of 2020 1 - Smt. Kevra Devi Rajput W/o Late Shri Ramnivas Singh Rajput Aged About 52 Years R/o Village And Post- Jhapal, Tahsil And Police Station- Lormi, District Mungeli, Chhattisgarh 2 - Omesh Singh Rajput S/o Late Shri Ramnivas Singh Rajput Aged About 22 Years R/o Village And Post- Jhapal, Tahsil And Police Station- Lormi, District Mungeli, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, Department of Home/Police, Mahanadi Bhavan, Mantralaya, Police Station And Post- Rakhi, Atal Nagar, Raipur, District- Raipur, Chhattisgarh 2 - Additional Director General Of Police(ADGP) Chhattisgarh Armed Force (CAF), Police Headquarters (PHQ), Police Station And Post- Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh 3 - Deputy Inspector General Of Police (DIGP) Office Of DIGP, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.12.19 16:45:55 +0530 2 Chhattisgarh Armed Force (CAF), North Region, Surguja, District Surguja, Chhattisgarh 4 - Commandant Office Of Commandant, 10th Battalion, Chhattisgarh Armed Force (CAF), Surajpur, District Surajpur, Chhattisgarh ... Respondents For Petitioners : Ms. Varsha Sharma appears on behalf of Shri Abhishek Pandey, Advocates. For State/Respondents : Shri Ritesh Giri, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 19.12.2025 1. This Petition has been filed assailing the orders dated 13.10.2016 (Annexure P-2) and 19.03.2018 (Annexure P-3) whereby, the claim of the Petitioners for grant of compassionate appointment has been rejected on the ground that elder son of Petitioner No.1/elder brother of Petitioner No.2 is working on the post of Constable at District Kabirdham. 2. Ms. Sharma, learned Counsel appearing for the Petitioners submits that the orders impugned passed by the authority are bad in law as though the Petitioner No.2-Omesh Singh Rajput’s elder brother namely Oonkar Singh Rajput was working as Constable, but he had started living separately with his family ever since he got married in the year 2011 and has not been financially supporting the Petitioners herein. She further submits that 3 husband of Petitioner No.1/father of Petitioner No.2 has died in harness on 13.04.2016 while working on the post of Assistant Platoon Commander (APC) in the Office of Respondent No.4- Commandant, 10th Battalion and as per the policy and scheme of compassionate appointment framed by the State Government, dependent family members of a deceased Government servant, who dies in harness, are eligible for compassionate appointment and therefore, the orders impugned may be quashed. 3. Alternatively, Shri Giri, learned State Counsel has opposed the submission made by learned Counsel for the Petitioners and submits that the issue involved in this Petition is no longer res integra and the same has been decided by the Full Bench of this Court vide order dated 21.06.2023 passed in the matter of State of Chhattisgarh & Ors. vs. Umesh Thakur in Writ Appeal No.236/2022 whereby, it has been held that compassionate appointment has to be granted in accordance with the policy applicable and the said policy clearly indicates that where one of the family members of the deceased Government servant is already in Government service, then the other members of the family of the deceased Government servant would not be entitled for compassionate appointment and therefore, the orders impugned do not call for any interference of this Court. 4 4. Having considered the submissions made by learned Counsel for the parties and the judgment passed in State of Chhattisgarh & Ors. vs. Umesh Thakur (supra), this Court is of the view that there is no perversity or illegality in the orders impugned dated 13.10.2016 (Annexure P-2) and 19.03.2018 (Annexure P-3) and the same do not warrant any interference of this Court invoking writ jurisdiction. 5. Accordingly, the instant Petition is liable to be and his hereby dismissed. Sd/- (Deepak Kumar Tiwari) Judge Priya