1 2026:CGHC:24740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5937 of 2021  Rakesh Kumar Verma S/o Late Shri Chaman Lal Verma Aged About 30 Years Unemployed, R/o - Village - Lamkeni, Post - Khorpa P O - Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh, Through - The Secretary, Panchayat And Rural Development Naya Mantralaya, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. The Chief Executive Officer, Jila Panchayat, Durg Chhattisgarh, District : Durg, Chhattisgarh 3. The Chief Executive Officer, Janpad Panchayat, Patan District - Durg Chhattisgarh, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. B.P. Rao, Advocate For State : Mr. Anway Tiwari, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 18.6.2026 1) Petitioner has filed this petition seeking following reliefs:- 10.1 That, the Hon'ble Court be pleased to call for entire records from the Respondents for its kind perusal and to decide the instant Writ Petition. 10.2 That, the Hon'ble Court be please to quash and 2 set aside the Official Letter dated 30.7.2018 (Annexure P-6) in the interest of justice. 10.3 That, the Hon'ble Court be further pleased to pass an Order, directing the Respondents to consider the case of Petitioner for Compassionate Appointment in any Group-D post according to his Educational Qualification as per Revised Instructions on Compassionate Ground Appointment dated 14:6.2013 (P-7) at the earliest. 10.4 Any other Order or directions deem fit and proper may also be granted in the interest of justice. 2) Facts of present case are that father of petitioner namely Chaman Lal Verma, who was working on the post of Assistant Teacher (Panchayat) died in harness on 15.10.2015. Petitioner moved application for grant of compassionate appointment on 23.9.2016 and same was rejected by CEO, Zila Panchayat Durg vide order dated 30.7.2018 (Annexure P/6) stating that in absence of requisite qualifications, petitioner cannot be appointed as Assistant Teacher (Panchayat) on compassionate basis. 3) Learned counsel for the petitioner submits that a circular was issued by the respondent department for grant of compassionate appointment on 7.2.2014 and according to it, the dependent of a deceased Teacher (Panchayat) may be appointed against sanctioned and vacant post of Assistant Teacher (Panchayat), if such dependent fulfills the eligibility criteria. He further submits that subsequently, a circular was issued on 8.1.2016 wherein it was held that in absence of requisite qualification for the post of Assistant Teacher (Panchayat), the dependent may be appointed 3 against the sanctioned and vacant post of Secretary Gram Panchayat. He contends that circular dated 8.1.2016 was withdrawn vide order dated 28.6.2017 and at present there is no policy for grant of compassionate appointment for the dependents of deceased Teacher (Panchayat). He further contends that respondent authorities ought to have considered the name of petitioner for appointment on any sanctioned and vacant Class-IV post on compassionate basis. He prays to set aside the order impugned. 4) On the other hand learned counsel appearing for the respondents would oppose. They submit that petitioner was lacking the requisite qualification required for appointment to the post of Assistant Teacher (Panchayat), therefore his application was rejected. They further submit that there is no provision to offer appointment to a dependent of deceased Teacher (Panchayat) against Class-IV post, therefore this petition deserves to be dismissed. 5) I have heard learned counsel for the parties and perused the documents placed on record. 6) Admittedly, the claim of petitioner has been rejected on the ground that on the date of consideration, petitioner was not possessing the requisite qualification for the post of Assistant Teacher (Panchayat). Subsequently, the policy changed and dependents were offered appointment on the post of Secretary Gram 4 Panchayat. However, said circular was withdrawn by the State Government vide order dated 28.6.2017. 7) Present is a case where petitioner has been declined compassionate appointment on the ground that on the date of consideration, he was lacking the requisite qualification for appointment to the post of Assistant Teacher (Panchayat). In my opinion, such reasoning appears to be unreasonable and arbitrary. In view of the aforesaid discussion, the order dated 30.7.2018 is hereby quashed and this petition stands allowed. 8) Respondent authorities are directed to consider the case of the petitioner for grant of compassionate appointment against sanctioned and vacant Class-IV post. It is expected that respondent authorities shall complete the entire exercise within period of four months from the date of receipt of copy of this order. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.06.19 10:28:52 +0530