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2026 DAILYLAW 28131 (CHH)

PRATIMA CHIMOTE v. STATE OF CHHATTISGARH

WPS/5475/2026 · 2026-07-19

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010269452026 2026:CGHC:30582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5475 of 2026 Pratima Chimote D/o Rajesh Kumar Hela Aged About 46 Years R/o Ward No. 34, Siddharth Nagar, Durg, District Durg Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Raipur, District Raipur Chhattisgarh 2. Municipal Corporation Through Commissioner, Durg, District Durg Chhattisgarh 3. Commissioner Municipal Corporation, Durg, District Durg Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Advocate For Respondents/ State : Mr. Lav Sharma, P.L. For Respondents No. 2 & 3 : Mr. Dhiraj K. Wankhede, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 20/07/2026 1. Learned counsel for the petitioner submits that the petitioner's mother was serving as a Sweeper under the respondent authorities and died in harness on 10.04.2015. It is submitted that soon thereafter, in the year 2015, the petitioner submitted an JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.22 10:52:36 +0530 2 application before the competent authority seeking compassionate appointment. However, as no decision was taken on the said application, the petitioner approached this Court by filing WPS No. 5237 of 2022. It is further submitted that the said writ petition was disposed of by this Court vide order dated 21.07.2023 with a direction to respondent No. 4 to consider and decide the petitioner's application for compassionate appointment in accordance with law, preferably within a period of three months from the date of receipt of a copy of the order. Learned counsel submits that the petitioner could not submit the representation along with a copy of the order before the competent authority as he was unaware of the order passed by this Court. Consequently, the direction issued by this Court could not be acted upon. It is, therefore, prayed that the petitioner may be permitted to submit a fresh representation along with a copy of the order dated 21.07.2023 passed by this court in the earlier round of litigation and the respondent authorities may be directed to consider and decide the petitioner's claim for compassionate appointment within a time-bound period in accordance with law. 2. Learned counsel for the respondent No. 2 & 3 submits that if the petitioner's application for compassionate appointment is pending and if the petitioner submits a fresh representation, the same will be considered and decided by the competent authority, strictly in accordance with the applicable rules and policy, within a period of 45 days from the date of receipt of a copy of the order passed by 3 this Court. 3. I have heard learned counsel for the parties and perused the documents. 4. Considering the submissions advanced by learned counsel for respondent/ Municipal Corporation and without expressing any opinion on the merits of the petitioner's claim, and also considering the fact that the issue is relating to compassionate appointment and in the interest of justice, this writ petition is disposed of with a direction that, in the event the petitioner submits a fresh representation fro grant of compassionate appointment, the competent authority shall consider and decide the same strictly in accordance with the applicable rules, policy and governing circulars, by passing a reasoned and speaking order, within a period of 45 days from the date of receipt of a certified copy of this order. 5. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to compassionate appointment and the competent authority shall take an independent decision in accordance with law. 6. Accordingly, the present writ petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti