1 2025:CGHC:35802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1429 of 2021 1 - Ashutosh Dubey S/o Lt. Shri Bhuvaneshwar Prasad Dubey Aged About 30 Years R/o Behind Narmit Computer Zone, Link Road, Ward No. 08, Janjgir, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, P.O. Rakhi, District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - The Director Directorate Of Public Instructions, 1st Floor, Indrawati Bhawan, Naya Raipur, Atal Nagar, P.O.- Rakhi, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - The District Collector District Mungeli (Chhattisgarh), District : Mungeli, Chhattisgarh 4 - The District Education Officer District- Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh 5 - The Principal Govt. Higher Secondary School, Sarkho, District Janjgir- Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Shri Sameer Behar, Advocate. For Respondent/State : Shri Vedant Shadangi, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board SMT NIRMALA RAO 2 24.07.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1 Issue appropriate writ/direction to set aside the no. / अनु निनुयु./2020-21/363/dt. impugned order 19.01.2021 issued by District Education Officer, Janjgir-Champa (respondent no. 04), in the interest of justice. 10.2 To direct the concerned respondent authorities to reinstate the petitioner into his service with all back wages and other benefits under the law for the period he was removed, with interest as this Hon'ble Court may deem fit in the interest of justice. 10.3 Provide compensation and cost of the petition to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner would submit that the father of the petitioner, namely Bhuvneshwar Prasad Dubey, who was working on the post of Assistant Teacher at Primary School, Badgadi, Block Bamnindih, District Janjgir-Champa, Chhattisgarh, died in harness on 19.2.1999. He would contend that the petitioner, being the son of late Bhuvneshwar Prasad Dubey, moved an application for the grant of compassionate appointment before the respondent authorities, which was allowed by the District Education Officer, Janjgir-Champa, vide order dated 27.10.2020. The petitioner was accordingly offered the appointment to the post of Peon, and he joined the services on 28.10.2020. However, vide order dated 19.1.2021, without affording any opportunity of hearing, the appointment order dated 27.10.2020 has been canceled by the District Education Officer. He would contend that a right had accrued in favour of the petitioner as he was appointed against a sanctioned and vacant post of Peon and no adverse order 3 could have been passed against him in violation of the provisions of the Chhattisgarh Civil Services (Appeal) and Discipline Rules, 1966. He would also submit that if there was any irregularity in the appointment, the respondent authorities were duty-bound to conduct a proper enquiry strictly in accordance with the law. He, therefore, would pray to quash the order dated 19.1.2021. 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 father of the petitioner had died on 19.2.1999, and the application of the petitioner was considered after the expiry of the prescribed limitation period. It is further submitted that the petitioner was appointed to the post of Peon in spite of the delay, and therefore, the District Education Officer, Janjgir-Champa, took a decision to cancel the appointment. It is also contended that the mother of the petitioner is a government servant, and on that ground as well, the petitioner was not entitled to a compassionate appointment. He would submit that the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on the record. 5. The father of the petitioner, late Bhuvneshwar Prasad Dubey, died on 19.2.1999. An application for the grant of compassionate appointment was moved by the petitioner on 8.3.2002. The petitioner made repeated representations. Eventually, the District Education Officer considered the application and granted a compassionate appointment to the petitioner on the post of Peon vide order dated 27.2.2020, posting him at Government Higher Secondary School, Sarkho, District 4 Janjgir-Champa. The petitioner joined the services on 28.10.2020. A perusal of Annexure-P/1 dated 19.1.2021 would show that no show- cause notice was issued to the petitioner, nor any inquiry was conducted before the cancellation of the appointment order dated 27.10.2020. 6. With regard to the contention made by the counsel for the State that the application for the grant of compassionate appointment was moved after the prescribed time limit and further, the mother of the petitioner was a government servant, these grounds were available with the respondent authorities while entertaining the application moved by the petitioner for the grant of compassionate appointment and on these grounds, the application moved by the petitioner could have been rejected but it was accepted and an order of appointment was issued. This implies that objections related to the delay and the employment status of the petitioner's mother were either overlooked or considered inconsequential. Therefore, the appointment order cannot now be canceled solely on these grounds, especially when a right had already accrued in favour of the petitioner. Furthermore, the respondent authorities failed to provide the petitioner with an opportunity of hearing in accordance with the law. Accordingly, the impugned order dated 19.01.2021 (Annexure P/1) is not sustainable under the law and is hereby quashed. 7. The petitioner shall be reinstated in service forthwith. With regard to the arrears of wages, the petitioner would be at liberty to make a representation before the District Education Officer, Janjgir-Champa, indicating that he was not gainfully employed during the intervening 5 period. The said authority, after due verification, shall take an appropriate decision in this regard. 8. Accordingly, the petition is allowed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi