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2026 DAILYLAW 19326 (CHH)

MINOR SUMERA AHMED KHAN v. STATE OF CHHATTISGARH

WPS/799/2022 · 2026-05-14

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:23230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 799 of 2022 * - Minor Sumera Ahmed Khan through her legal Guardian Smt. Naseem Ahmed Aged About 10 Years Through Her Legal Guardian, Smt. Naseem Ahmed W/o Late Naim Ahmed Aged About 66 Years. R/o Shanti Vijay Colony, Phase-2, Ward No. 12, Kanchanbagh, Suncity Road, Rajnandgaon Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh. 2 – Director, Directorate Of Panchayat Raipur Chhattisgarh. 3 - Chief Executive Officer Zila Panchayat Rajnandgaon Chhattisgarh ... Respondents For Petitioner : Mr. Vedant Shadangi, Advocate For Respondents No. 1 and 2 For Respondent No. 3 : : Mr. Keshav Prasad Gupta, Government Advocate Mr. Manoj Chouhan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 15/05/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 2 to consider the candidature of the petitioner for grant of compassionate appointment from the date of attaining the age of majority in light of clause 15 rule 8 of the policy dated 23.02.2019. 10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be awarded to the petitioner including the cost of the petition.” Digitally signed by RAMESH KUMAR VATTI Date: 2026.05.15 19:08:00 +0530 2 2. Mr. Vedant Shadangi, learned counsel appearing for the petitioner would submit that mother of the petitioner, who was working on the post of Lecturer (Panchayat) died in harness on 16.01.2017. He would contend that on said date, the petitioner was minor aged about 10 years, therefore, she moved application through her legal guardian on 14.10.2020 before the respondent No. 3, who forwarded it to the respondent No.2 on 18.11.2020. He would submit that till date the application of the petitioner has not been decided though the petitioner is eligible for appointment against any sanctioned and vacant post under the respondents. He would contend that according to policy, the petitioner is entitled for consideration. Mr. Vedant Shadangi further submit that State has annexed a letter dated 10.02.2022 in their return, wherein it is stated that the petitioner has been granted 03 years time to acquire qualification of B.Ed., D.Ed. or TET. It is also argued that the claim of the petitioner for grant of compassionate appointment can be considered for Class-IV post too, therefore, a direction may be issued to the respondent authorities to decide the pending application of the petitioner for grant of compassionate appointment. 3. On the other hand, learned counsel appearing for the respective respondents would oppose. They would submit that mother of the petitioner died in harness in the year 2017, whereas application was moved by the petitioner on 14.10.2020 and at that point of time, the petitioner was minor. He would submit that application moved by petitioner cannot be considered after lapse of 08-09 years from the date of death. They would submit that the petition deserves to be dismissed. 3 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of Annexure R/4 would show the natural guardian of the petitioner Smt. Naseem Ahmed (grandmother) was informed that the claim of a candidate for grant of compassionate appointment can be considered if such a candidate possesses qualification of B.Ed./D.Ed. and TET and 03 years time was also granted to acquire such qualifications vide letter dated 10.02.2022. It appears that till date the application moved by petitioner has not been decided, therefore, without making any observation on the merits of the case, this petition, at this juncture, is disposed of with a direction to the Chief Executive Officer, Zila Panchayat, Rajnandgaon (C.G.) to decide the pending application of the petitioner for grant of compassionate appointment expeditiously preferably within a period of 90 days from the date of receipt of copy of this order. 6. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti