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2025 DAILYLAW 8572 (CHH)

MOHD. SHABBIR KHAN v. STATE OF CHHATTISGARH

WPS/1358/2023 · 2025-09-10

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:46575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1358 of 2023 1 - Mohd. Shabbir Khan S/o Mohd. Umar Khan Aged About 38 Years R/o Village Sargipal Para, Kondagaon, District : Kondagaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - The Additional Development Commissioner Office Of Development Commissioner, Fourth Floor, Sector-19, North Block, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - The Chief Executive Officer Zila Panchayat, Kondagaon, District : Kondagaon, Chhattisgarh 4 - The Chief Executive Officer Janpad Panchayat, Kondagaon, District : Kondagaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Kamlesh Kumar Pandey, Advocate For Respondent(s) : Ms. Sunita Sahu, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Order on Board 11.09.2025 1. Learned counsel for the petitioner submits that the petitioner filed an application for compassionate appointment on 29.03.2017, which was subsequently received by the respondent authorities on 29.05.2018. He further contends that the said application was rejected by the respondent authorities vide order dated 28.07.2021 (Annexure P/1) on the ground that it was filed beyond the stipulated period of five years. In view of the foregoing, learned counsel for the petitioner prays that this Court may be pleased to quash the impugned order and direct the respondent authorities to reconsider the petitioner’s application for compassionate appointment in accordance with law and the relevant State Government policy. 2. Learned counsel for the State opposed the submission advanced by the learned counsel for the petitioner and submits that the impugned order is in accordance with law and the established policy, and as such, the same does not warrant interference by this Court. 3. I have heard learned counsel for the parties and perused the documents available on record with utmost circumspection. 4. From a perusal of the documents on record, the grounds relied upon by the respondent authorities appear to be incorrect and warrant interference of this Court. Accordingly, this Court is of the opinion that the impugned order dated 28.07.2021 is liable to be, 3 and is hereby, quashed. The matter is remitted to the respondent authorities, who are directed to pass a fresh and reasoned order on the petitioner’s application for compassionate appointment, within a stipulated time frame of ‘45 days’ from the date of receipt of copy of this order, without being influenced by the earlier order. 5. With the aforesaid observation(s) and direction(s), this writ petition is hereby disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena