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2026 DAILYLAW 30130 (CHH)

SMT. SONKUNWAR v. STATE OF CHHATTISGARH

WPS/5720/2026 · 2026-07-28

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010282152026 2026:CGHC:32542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5720 of 2026 Smt. Sonkunwar W/o Late Bhagwan Ram, Aged About 39 Years R/o Village Kusmusi, Tahsil Bhaiyathan, District Surajpur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through - The Secretary Tribal And Scheduled Caste Ministry Raipur, District Raipur (C.G.) 2. Commissioner, Tribal And Scheduled Caste Ministry Raipur, District Raipur (C.G.) 3. Commissioner Sarguja Division, District Sarguja (C.G.) 4. Collector District Surajpur (C.G.) 5. Principal Eklavya Adarsh Avashiya Vidyalaya Shivprasad Nagar, District Surajpur (C.G.) ... Respondent(s) For Petitioner : Mr. Pritam Kumar Tiwari, Advocate For Respondent/ State : Ms. Apurva Nigam, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/07/2026 1. Learned counsel for the petitioner submits that the petitioner's husband was serving as a Chowkidar in Eklavya Adarsh Aavasiya Vidyalaya, Shivprasad Nagar, District Surajpur (C.G.). During the subsistence of his service, he expired on 29.08.2025. It is submitted that thereafter the petitioner submitted an application JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.31 11:49:07 +0530 2 dated 12.11.2025 before the competent authority enclosing the death certificate of her deceased husband and sought appointment on compassionate grounds. However, no decision was taken by the respondents on the said application. Learned counsel further submits that the petitioner submitted a fresh representation dated 05.06.2026 requesting the respondents to consider her claim for compassionate appointment, but the same has also remained unattended. It is contended that despite the death of the petitioner's husband while in service, the respondents have failed to consider the petitioner's claim for compassionate appointment in accordance with the applicable policy. Hence, the present writ petition has been filed seeking a direction to the respondents to consider and decide the petitioner's claim for compassionate appointment within a stipulated period. 2. Learned State counsel submits that if the petitioner's application for compassionate appointment is pending before the competent authority, the same shall be considered and decided, in accordance with law and the applicable policy, within a stipulated period. 3. I have heard learned counsel for the parties and perused the documents. 4. Considering the submissions advanced by learned counsel for the parties, particularly the statement made by learned State counsel, and without expressing any opinion on the merits of the petitioner's claim, the present writ petition is disposed of with a 3 direction to the competent authority to consider and decide the petitioner's application/representation for appointment on compassionate grounds, strictly in accordance with law and the applicable policy, by passing a reasoned and speaking order, within a period of 35 days from the date of receipt of a certified copy of this order, if the same is still pending. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim, and the competent authority shall take an independent decision in accordance with law. 5. With the aforesaid observation, the present writ petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti