1 CGHC010170362022 2026:CGHC:37106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4325 of 2022  Ku. Deepshikha Sahu D/o Late Birendra Kumar Sahu Aged About 33 Years R/o B.D. House, Near New Tek School, Telagu Pali, Vikas Nagar, Gudiyari, Raipur, District Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh 2. Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh 3. Commissioner Raipur Division Raipur, Chhattisgarh 4. Collector Raipur District Raipur, Chhattisgarh 5. District Education Officer Raipur District Raipur, Chhattisgarh 6. Smt. Heera Sahu W/o Late Shri Abhishek Sahu R/o Village Kota Road, Vikas Nagar, Bans Tal Gali, Near Masjid, Gudiyari, Raipur District Raipur, Chhattisgarh. Working Place Mayaram Surjan, Govt. Girls Higher Secondary Choubey Colony, Raipur, Block Dharsiwa, District Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Shashi Kumar Kushwaha, Advocate For Respondents No. 1 to 5 : Mr. Abhishek Singh, P.L. For Respondent No. 6 : Mr. Kaif Ali Rizvi, Advocate on behalf of Mr. Malay Shrivastava, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 19.8.2026 1) By way of this petition, the petitioner has sought following reliefs:- (i) That, this Hon'ble Court may kindly be pleased to quash impugned order dated 23.10.2021 (Annexure P-1) passed by the respondent no. 5 as well as also impugned order dated 30.10.2021 (Annexure P-2) passed by the respondent no. 5, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and grant compassionate appointment to the petitioner, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2) Facts of present case are that petitioner’s brother namely Abhishek Sahu was working on the post of Assistant Grade-III in Govt. Higher Secondary School, Tilak Nagar, Gudhiyari and he died in harness on 9.7.2021. He was survived by his wife (respondent No. 6), younger sister (petitioner) and a disabled brother. Petitioner as well as respondent No. 6 namely Smt. Heera Sahu moved applications for grant of compassionate appointment. Vide order dated 23.10.2021, District Education Officer, Raipur offered compassionate appointment to respondent No. 6. 3) Learned counsel for the petitioner submits that petitioner’s father was a government servant and he died in harness and petitioner’s brother namely Abhishek Sahu was offered compassionate 3 appointment and he died in harness on 9.7.2021. He further submits that respondent authorities considered the application moved by respondent No. 6, who is widow of Abhishek Sahu and offered her compassionate appointment on post of Peon. He also submits that respondent No. 6 is living separately from petitioner’s family and is not providing any financial assistance therefore the appointment of respondent No. 6 is liable to be set aside. He prays that a direction may be issued to respondent authorities to consider the claim of petitioner for grant of compassionate appointment. 4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that respondent authorities have rightly considered the claim of respondent No. 6 for grant of compassionate appointment as per Clause 5 of Circular dated 14.6.2013 and there is no scope for interference. 5) Heard. 6) Admittedly, petitioner’s father was a government servant and he died in harness. Thereafter, petitioner’s brother was offered compassionate appointment to the post of Assistant Grade-III. Petitioner’s brother died in harness on 9.7.2021 leaving behind his widow (respondent No. 6), sister (petitioner) and disabled brother. Petitioner as well as respondent No. 6 moved applications for grant of compassionate appointment. District Education Officer considered the application moved by respondent No. 6 and 4 offered her compassionate appointment on the post of Peon vide order dated 23.10.2021. 7) In this petition, petitioner, who is the sister of deceased government servant is claiming compassionate appointment instead of government servant’s widow. Clause 5 of the Policy dated 14.6.2013 describes the eligible candidates who can apply for compassionate appointment and same is reproduced herein- below :- 5. अक उदर- गत स य स आत प त य सय स स ए सय ! " #$त %&स अ()त* ( ) अ प य प+ ,! प () ! ए उस प.त* इस अ&% आग (ग), (घ) ए (ङ) अ& 2 य&34त , त& %5 " य 6य ग- ( ) गत स य स ध/ध&, () प&+/ 8 प&+, (ग) अ,त प&+/ अ,त 8 प&+, (घ) आत ध प&+/ आत 8 ध प&+, ए (ङ) आत त & प&+/ आत त & 8 प&+। Bare reading of the aforesaid provision makes it clear that widow of the deceased government servant will receive the highest priority while claiming compassionate appointment. 8) Keeping in view the aforesaid factual position combined with rigorous analysis of Clause 5 of policy for grant of compassionate appointment dated 14.6.2013, in my opinion, respondent 5 authorities rightly offered compassionate appointment to the widow of deceased government servant and there is no scope for interference. 9) Consequently, this petition fails and is hereby dismissed. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.08.19 17:56:33 +0530