1 2026:CGHC:6674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8934 of 2023 Sourabh Kumar Nirwan S/o Late Shri Lochan Kumar Nirwan, Aged 31 Years R/o Near Ojaswi Nursing Home, Rudri Road, Gokulpur Dhamtari, District Dhamtari (CG) ... Petitioner(s) versus 1 - State Govt. Of Chhattisgarh Through The Secretary, Department Of Panchayat and Rural Development, Ministry, Mantralaya Mahanadi Bhawan, P.S. Rakhi New Raipur, Chhattisgarh. 2 - Development Commissioner Chhattisgarh, Indrawati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 3 - Chief Engineer, Rural Engineering Service, Development Commissioner, Office Chhattisgarh, Indrawati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 4 - Superintendent Engineer Rural Engineering Service Raipur Circle, District : Raipur, Chhattisgarh 5 - Executive Engineer Rural Engineering Service Gariya-Band Division, District : Gariyabandh, Chhattisgarh 6 - Chief Executive Officer Janpad Panchayat Fingeswar, District : Gariyabandh, Chhattisgarh ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 For Petitioner(s) : None For Respondent(s) : Mr. Dilman Rati Minj, Dy. AG S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/02/2026 1. Perused the record. 2. By way of this petition, the petitioner seeks the following reliefs : 3. 10.1 That this Hon'ble Court may kindly be pleased to order the respondents to issue order of appointment to the petitioner on compassionate ground consequent to death of Late Shri Lochan Kumar Nirwan. 10.2 That any other relief which the Hon'ble Court deem fit may kindly also be allowed. 4. Necessary facts of the case are that late Shri Lochan Kumar Nirwan was serving as the Incharge Director-Engineer, Janpad Panchayat, Fingeshwar. He died in harness on 9.4.2017. The petitioner filed an application for compassionate appointment on 20.7.2017, which was rejected by the concerned authority on 8.9.2017 on the ground that the petitioner’s elder brother Kewal Krishna Nirwan is working as Shiksha Karmi Grade-III at Dhamtari and his sister Kavita Nirwan is employed at the State Bank of India, Dhamtari, therefore, he is ineligible for compassionate appointment. Hence, this petition. 3 5. It is stated in the petition that both the elder brother - Kewal Krishna Nirwan and sister - Kavita Nirwan are married and residing separately with their respective families. It is further stated that the said siblings have filed affidavits (annexed to the petition) stating that they maintain separate households and have their own family responsibilities, therefore, the petitioner, who was wholly dependent upon late Shri Lochan Kumar Nirwan (father), may be given compassionate appointment. 6. Per contra, learned counsel for State submits that as per clause 6(a) of the Circular dated 23.2.2019, if any member of the family of late deceased-Government Servant is in Government Service, no other family member is eligible for compassionate appointment. In the present case, both the brother and sister of the petitioner are already in Government Service. Furthermore, the subject issue is covered by the order dated 21.6.2023 passed in WA No.236/2022 by the Full Bench of this Court. 7. Admittedly, the matter relates to compassionate appointment. The concerned authorities have not considered the petitioner for compassionate appointment on the ground that two of the family members of the late deceased Government Employee are already in Government Service. In my opinion, the petitioner’s application for compassionate appointment has rightly been rejected by the concerned authority in view of the State Government’s Policy. Moreover, the subject issue is covered by the order dated 21.6.2023 passed in WA No.236/2022 by the Full Bench of this 4 Court. The relevant portion of the said order reads as under : “When one of the family members of the deceased Government servant is already in Government service and the applicable policy bars and prohibits the consideration of other dependent of the deceased Government servant for appointment on compassionate ground, then this Court under Article 226 of the Constitution of India would not direct for holding enquiry qua dependency/financial support by one of the family members of the deceased Government servant who is already in Government service to the other family member of the deceased Government servant when a claim is made by other member of the family for compassionate appointment, as it would amount to rephrasing / rewording of the terms of the applicable scheme / policy for compassionate appointment, as such, such enquiry is totally barred. 8. For the foregoing reasons, this Court is of the considered opinion that the petitioner is not entitled for compassionate appointment in view of the State Government’s Policy as also in light of the order dated 21.6.2023 passed in WA No.236/2022 by the Full Bench of this Court. 9. Accordingly, the Petition is dismissed. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay