1 2025:CGHC:61777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(S) No. 2701 of 2020 Sushil Chandrakar S/o Late Shri Deendayal Chandrakar, Aged About 35 Years R/o Block No.38/A, 2D-Type, Ward No. 23, Nirmala Sector, Dallirajhara, Tahsil Doundi, P.S. Dallirajhara, District Balod Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/Police, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Director General Of Police ( DGP), Police Headquarters ( PHQ), Near Mahanadi, Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh 3 - Inspector General Of Police (IGP), Office Of Inspector General Of Police ( IGP), 32 Bungalow, Bhilai, District Durg Chhattisgarh SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.12.19 16:45:54 +0530 2 4 - Superintendent Of Police (SP), Office Of Superintendent Of Police (S.P.), Balod, District Balod Chhattisgarh ... Respondents For Petitioner : 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 order dated 07.09.2018 (Annexure P-4) whereby, the claim of the Petitioner for grant of compassionate appointment has been rejected on the ground that his brother is already on the post of Wireless Operator in Chhatisgarh Armed Force. 2. Ms. Sharma, learned Counsel appearing for the Petitioner submits that the order impugned passed by the authority is bad in law as though the Petitioner’s brother namely Dikendra Chandrakar was appointed in Goverment service in the year 2010, but he had started living separately with his family ever since he got married in the year 2015 and has not been financially supporting the Petitioner herein and the other family members. She further submits that father of the Petitioner has died in harness on 29.01.2018 while working on the post of Assistant Sub-Inspector (ASI) in the Office of Respondent No.4- Superintendent Of Police, Balod and as per the policy and scheme of compassionate 3 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 order impugned may be quashed. 3. Alternatively, Shri Giri, learned State Counsel has opposed the submission made by learned Counsel for the Petitioner 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 order impugned does not call for any interference of this Court. 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 order impugned dated 07.09.2018 4 (Annexure P-4) and the same does 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