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2026 DAILYLAW 24464 (CHH)

SMT. MINAKSHI CHANDRA v. STATE OF CHHATTISGARH

WPS/4997/2026 · 2026-07-01

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:27148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4997 of 2026 1 - Smt. Minakshi Chandra W/o Late Shri Heera Ram Chandra Aged About 36 Years R/o Village Baradwar P.S. Baradwar District Sakti Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Division Education Bilaspur District Bilaspur Chhattisgarh 4 - Collector District Sakti Chhattisgarh 5 - District Education Officer Sakti, District Sakti Chhattisgarh ... Respondents For Petitioner : Mr. Vinod Kumar Dewangan, Advocate. For Respondents/State : Ms. Anuja Sharma, Dy.G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 02/07/2026 1. By the present petition, the petitioner is seeking direction towards respondents authorities to consider the representation filed by the petitioner to grant compassionate appointment on AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.03 10:40:31 +0530 2 the post of Teacher (Class-III) in place of Peon (Class-IV), on account of death of petitioner’s husband. 2. Learned counsel for the petitioner submits that the husband of the petitioner was working on the post of Head Master at Govt. Primary School Lahanga, Block Sakti, District Sakti, C.G. and he died in harness on 29/11/2025. Thereafter, the petitioner submitted representation before the respondents authorities to grant compassionate appointment on account of death of her husband. Subsequently, the office of District Education Officer, District Sakti, vide order dated 18/03/2026, issued compassionate appointment order in favour of the petitioner on the post of Peon (Class-IV). Learned counsel further submits that the petitioner is well qualified and holds B.Ed. Degree and passed C.G.TET, which is marked as Annexure P-4. Thereafter, the petitioner submitted a representation seeking appointment to the post of Teacher (Class-III) instead of Peon (Class-IV), but no decision has been taken on the said representation till date. 3. On the other hand, learned State counsel submits that as per the State Government Policy dated 15.04.2024, 25% of Class- III posts are reserved for compassionate appointments. The petitioner's case for compassionate appointment on account of her husband's death was duly considered. Although the petitioner possesses the requisite qualification for a Class-III post, she was offered a Class-IV post due to non-availability of 3 Class-III vacancies in the division. Learned counsel further submits that the appointment order has been issued in accordance with the State Government Policy dated 15.04.2024, which is just and proper. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. Considering the submissions of learned counsel for the parties and facts and circumstances of the case, this Court finds that the petitioner has already been granted compassionate appointment in accordance with the State Government Policy dated 15/04/2024. Merely because the petitioner possesses the requisite qualification for a Class-III post does not confer a right to claim appointment on that post. In the appointment order dated 18/03/2026, it is specifically stated that no Class-III vacancy earmarked for compassionate appointment was available and the petitioner has failed to place any material on record to demonstrate the availability of such a vacancy or to establish that the respondents acted contrary to the governing policy. Accordingly, this Court does not find any illegality in the compassionate appointment order dated 18/03/2026 appointing the petitioner to the post of Class-IV. 6. Consequently, the present petition is dismissed. SD/- (Bibhu Datta Guru) Judge Amardeep