1 2026:CGHC:25721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2296 of 2022 1 - Kamla Paikra Wd/o Late Sukhdev Prasad Paikra Aged About 35 Years R/o Village Khar, Post Keshla, Tehsil Lailunga, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Raigarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 3 - District Education Officer Raigarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat Lailunga, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Abhinav Tiwari, Advocate on behalf of Mr. Ashish Gupta, Advocate For State : Mr. R.C.S. Deo, P.L. For Respondent No. 4 : Mr. Satish Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 23.6.2026 1) Petitioner has filed this petition seeking following reliefs:- Digitally signed by AJINKYA PANSARE Date: 2026.06.24 16:06:43 +0530 2 10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby quashing the order dated 06.10.2021 issued by respondent no. 4 and further direct the authority speaking/reasoned order to pass the regarding the compassionate appointment of the petitioner as per law. 10.2 That the Hon'ble Court may kindly pleased to issue an appropriate writ directing the respondent authorities to consider the case of the petitioner for compassionate appointment on the post of peon. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition, may be given. 2) Facts of present case are that husband of petitioner namely Sukhdev Prasad Paikra, who was working on the post of Teacher (Panchayat) died in harness on 30.3.2014. Petitioner moved applications for grant of compassionate appointment pursuant to order passed in WPS No. 4092 of 2021 dated 25.8.2021 and same was rejected by Chief Executive Officer, Zila Panchayat, Raigarh vide order dated 6.10.2021 stating that petitioner has not obtained the requisite qualification for appointment to the post of Assistant Teacher and there is no provision to provide compassionate appointment to the dependents of deceased Teacher/ Lecturer (Panchayat) on class-IV posts. 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/ Lecturer (Panchayat) may be appointed against sanctioned and vacant post of Assistant Teacher 3 (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 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 consider 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 there is no provision to offer appointment to a dependent of deceased Teacher/ Lecturer (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, 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 Panchayat. However, 4 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, she 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 6.10.2021 is hereby quashed and this petition stands allowed. 8) Chief Executive Officer, Zila Panchayat, Raigarh is 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