1 CGHC010282862025 2026:CGHC:33020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7439 of 2025 1 - Santosh Yadav S/o Ganesh Ram Yadav, Aged About 32 Years Old, R/o H.N. 1137, Aara Machine, Kashinagar, Niharika Road, Korba District Korba Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Joint Secretary, Urban Administration And Development, Department, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh 3 - Municipal Corporation, Korba Through Its Commissioner, District Korba, Chhattisgarh 4 - Commissioner, Municipal Corporation Korba District Korba Chhattisgarh 5 - Additional Commissioner, Municipal Corporation Korba District Korba Chhattisgarh 6 - Nagar Palika Parishad Korba, Through Its Chief Municipal Officer, Korba, District Korba Chhattisgarh ... Respondents For Petitioner : Ms. Nupur Trivedi, Advocate. For Respondents No.1 and 2 : Mr. Anadi Sharma, Panel Lawyer For Respondent Nos.3 to 5 : Mr. Abhishek Kumar Singh, Advocate AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.31 10:30:19 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 30/07/2026 1. By the present petition, the petitioner is seeking quashment of impugned order dated 05/06/2025 Annexure P-1, whereby the application for compassionate appointment of the petitioner has been rejected. 2. Learned counsel for the petitioner submits that the father of the petitioner was working on the post of helper/labour in the office of Municipal Corporation and died in harness on 26/04/2022. Thereafter, the petitioner moved an application before the Municipal Corporation for grant of compassionate appointment, which is acknowledged by the Corporation and the same can be seen from the impugned order itself. Learned counsel by referring Clause 15(1) and (2) of the guidelines issued by the General Administration Department, Government of Chhattisgarh dated 14/6/2013, submits that the candidates can apply for compassionate appointment in lieu of the death of family members within a period of three months from the date of receipt of the information regarding the proforma of application. According to her, the petitioner has been intimated and the proforma of the application was provided to the petitioner on 30/05/2022 and as the petitioner has moved application on 29/08/2022, the said application moved by the petitioner was within a stipulated period of three months as per 3 the Clause 15(2) of the Guidelines, 2013. However, by the impugned order, the application filed by the petitioner for compassionate appointment has been rejected by treating the said period of three months from the death of father of the petitioner and ignoring the Clause 15(2) of the guidelines, 2013. 3. Learned counsel for the respondents by referring Clause 15(1) and (2) submits that the Corporation has taken a view that the application should have been filed within a period of three months from the date of death of deceased employee, for which, the application has been rejected and passed the impugned order dated 05/06/2025. 4. I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. 5. For proper adjudication of the present lis, it would be appropriate to quote Clause 15(1)(2) of the Guidelines, 2013, which read thus:- “(1) दिवंगत शासकीय स वंकी की कीयलय प्रमुख य नियक्तितकीत अधिकीरी द्वारी दिवंगत शासकीय स वंकी की आश्रि त परिरीवंरी की# अकीम्पा नियक्तित सबं जाकीरी एवं निरिरीत आवं - पत्र की प्ररूप (परिरीशिशाष्ट-एकी) एकी मुह की अवंधि मु- उपलब्ध कीरीय जाएग तथा ऐस जाकीरी कीयलय की अश्रि2ल ख मु- सरीश्रि3त रीख जाय ग। (2) अकीम्पा नियक्तित एवं आवं की प्ररूप सबं 4 जाकीरी आश्रि त परिरीवंरी की# प्रप्त ह# की उपरीन्त पत्र वंयस्की सस्य द्वारी अकीम्पा नियक्तित ह त निरिरीत प्ररूप मु- आवं - पत्र शाघ्रानितशाघ्रा अधिकीतमु त मुह की 2तरी उस कीयलय प्रमुख की# प्रस्तत निकीय जाएग, जिजास कीयलय मु- दिवंगत शासकीय स वंकी अप मु:त्य की प<वं कीयरीत था। कीयलय द्वारी आवं - पत्र की पवंत आवं की की# = ” जाएग। 6. Bare perusal of the aforesaid Clause, it is quite vivid that after the death of the deceased employee, the head of the department is required to intimate about the compassionate appointment and to provide the prescribed proforma (Annexure-I) within a period of one month and thereafter the family members of the deceased employee are required to submit the said application before the concerned department where the deceased employee worked, within a period of three months. 7. The order impugned passed by the respondent authorities on the ground that the petitioner failed to submit the application for compassionate appointment within a stipulated period of three months from the date of death of the deceased employee. The authorities failed to appreciate the fact that they provided the information to the petitioner on 30/05/2022 and thereafter, the petitioner submitted the application on 29/08/2022 i.e. well within the stipulated period of three months as enshrined in Clauses 15(1)(2) of the guidelines, 5 2013. Hence, the rejection of the application for grant of compassionate appointment on the ground of delay was contrary to the Clause 15(1) of the Guidelines, 2013. It is held that the application filed by the petitioner for grant of compassionate appointment was well within the prescribed period of Clause 15(2) of the Guidelines, 2013. The order impugned dated 05/06/2025 Annexure P-1 is not in accordance with the Guidelines, 2013 and the same is liable to be and is hereby quashed. 8. Accordingly, the writ petition is allowed. The Municipal Corporation/respondents No.3 to 5 are directed to consider the case of the petitioner for compassionate appointment in accordance with law on its own merits within a period of 60 days from the date of receipt of copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep