1 CGHC010271602026 2026:CGHC:31798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5518 of 2026 Saurav Kumar Chaubey S/o Dileep Choubey Aged About 27 Years R/o Ward No. 05, Ramanujganj, Police Station And Tahsil Ramanujganj, District Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur (C.G.) 2 - District Education Officer (DEO) District Balrampur-Ramanujganj (C.G.) 3 - Block Education Officer, Block Ramchandrapur, District Balrampur- Ramanujganj (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Sanjeev Verma, Advocate For Respondents/ State : Mr. Lav Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.28 10:26:34 +0530 2 24/07/2026 1. Though by the present writ petition, the petitioner seeks a direction to the respondent authorities to consider his case for appointment on a suitable Class-III post i.e. Assistant Grade-III or equivalent post, during the pendency of the petition, he filed an application dated 22.07.2026 expressing his willingness to accept compassionate appointment on a Class-IV post in lieu of death of his mother, who died in harness. 2. Learned counsel for the petitioner submits that the petitioner's mother, who was working as Headmistress in the respondent department, died in harness on 10.01.2026, leaving the family in financial hardship. He submits that the petitioner, being duly qualified for a Class-III post, submitted applications and representations before the competent authorities seeking compassionate appointment to the post of Assistant Grade-III or any other equivalent Class-III post. It is contended that despite the petitioner fulfilling the requisite eligibility criteria under the applicable policy, his claim has neither been considered nor decided by the respondent authorities. He further submits that although the petitioner had initially sought compassionate appointment on a Class-III post, subsequently, by filing an application for taking additional documents on record, he has placed on record a representation dated 22.07.2026, whereby he has expressed his willingness and consent to accept compassionate appointment on a Class-IV post. In view of the 3 subsequent development, learned counsel prays that the respondent authorities be directed to consider the petitioner's representation dated 22.07.2026 and grant him compassionate appointment on a suitable Class-IV post, in accordance with law. 3. Learned State counsel, on instructions, submits that the petitioner had initially applied for compassionate appointment on the post of Assistant Grade-III. However, in view of the Government Circular dated 22.05.2021 and the communication dated 12.04.2024 issued by the Directorate of Public Instructions, no post of Assistant Grade-III earmarked for compassionate appointment is presently vacant, as the relaxation regarding the prescribed quota has already come to an end. In this respect, he has placed copy of the communications dated 15.06.2016 and 09.07.2016, which are taken on record. He further submits that, in these circumstances, the competent authority directed the petitioner to furnish his consent for appointment on the post of Class-IV (Peon). It is further submitted that the petitioner has now submitted a representation dated 22.07.2026 expressing his willingness to accept appointment on a Class-IV post. Learned State counsel submits that the petitioner's claim shall be considered on the basis of the said consent and an appropriate order shall be passed by the competent authority strictly in accordance with the applicable policy and governing rules within the prescribed time. 4. I have heard learned counsel for the parties and perused the documents appended with the writ petition. 4 5. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the petitioner initially sought compassionate appointment on a Class-III post on account of the death of his mother, who died in harness while serving under the respondent department. During the pendency of the present writ petition, the petitioner has filed an application for taking additional documents on record, along with a representation dated 22.07.2026, whereby he has expressed his willingness and consent to accept compassionate appointment on a Class-IV post. 6. It is also not disputed by the respondents that, in view of the prevailing Government policy and the communications issued by the competent authority, no vacancy earmarked for compassionate appointment on the post of Assistant Grade-III is presently available and, therefore, the petitioner was required to furnish his consent for appointment on a Class-IV post. Learned State counsel has fairly submitted that the petitioner's case shall be considered on the basis of the said consent in accordance with the applicable policy and governing rules. 7. In view of the aforesaid subsequent development and the submission made by learned State counsel, no fruitful purpose would be served by keeping the present writ petition pending. The ends of justice would be met by directing the competent authority to consider the petitioner's claim for compassionate appointment on a Class-IV post on the basis of his representation dated 22.07.2026. 5 8. Accordingly, the writ petition is allowed to the extent that the respondent authorities are directed to consider the petitioner's representation dated 22.07.2026 and his claim for compassionate appointment on a Class-IV post, strictly in accordance with law and the applicable policy, and pass a reasoned order, preferably within a period of 30 days from the date of receipt of a copy of this order. If the petitioner is found entitled and eligible, the consequential appointment order shall be issued expeditiously in accordance with law. Sd/- (BIBHU DATTA GURU) Judge $. Bhilwar/ Gowri