1 2026:CGHC:14632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5833 of 2021  Sunil Sahare S/o Late Shyamji Sahare, Aged About 42 Years R/o Near Durga Mandir Chowk, Black Colony, Ward No. 12, Dantewada, District Dantewada (Chhattisgarh) ... Petitioner versus 1. State Of Chhattisgarh Through Department Of Education Mantralaya, Village Rakhi, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2. District Education Officer, Dantewada, District South Bastar Dantewada Chhattisgarh 3. Block Education Officer, Dantewada, District South Bastar Dantewada (Chhattisgarh) 4. Station House Officer, Police Station Kotwali, Dantewada, District Dantewada Chhattisgarh 5. Principal, Government Middle School, Faraspal, Dantewada, Bastar, Dantewada, Chhattisgarh 6. Smt. Sweta Sahare W/o Late Ravi Kumar Sahare, Aged About 29 Years R/o Nayapara Sirgitti, Bannad Chowk, Near Gayatri Vidya Mandir, Bilaspur, District Bilaspur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Vikash A. Shrivastava, Advocate For State : Mr. Topilal Bareth, Panel Lawyer For Respondent No. 6 : Mr. Ashwell Franklin, Advocate holding the brief of Mr. Samir Singh, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.03 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.03.30 14:22:33 +0530 2 “10.1 To call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 To issue an appropriate writ or order and quash the order dated 23.09.2021 (Annuxure p/8) passed by res. no. 2. 10.3 To issue an appropriate writ or order and declared the order dated 23.09.2021 (Annexure p/8) null and void. 10.4 To issued an appropriate writ and order and directed res, no. 2 to reinstate the petitioner on the post of Peon from the date of initial appointment with all consequential benefit with interest. 10.5 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Mr. Vikash A. Shrivastava would submit that younger brother of the petitioner, namely, Ravi Sahare was a Peon working under respondent No. 5, who died in harness on 31.01.2019. He would submit that an application for grant of compassionate appointment was moved by petitioner was accepted by the department and the order of appointment was issued in his favour on 23.09.2020. He would contend that the wife of the deceased raised an objection before respondent authorities and order of appointment issued in favour of the petitioner has been canceled by the District Education Officer, District Dantewada vide order dated 13.09.2021 without affording any opportunity of hearing. He would submit that as order dated 13.09.2021 was passed without affording any opportunity of hearing, therefore, the petitioner may be permitted to make a representation before the respondent No. 2, and in turn, the said authority may be directed to consider it in objective manner within stipulated time. 3. On the other hand, learned counsel appearing for respondents would oppose. 4. It appears that the petitioner was offered appointment on compassionate 3 basis contrary to the policy; therefore, respondent No. 2 canceled it vide order dated 13.09.2021. Perusal of the order Annexure P/8 dated 13.09.2021 would show that no opportunity of hearing was afforded to the petitioner. 5. Taking into consideration the above-discussed facts, the petition is disposed of reserving liberty in favour of the petitioner to make a detailed representation before the respondent No. 2, and in turn, the said authority is directed to decide it in objective manner, preferably within a period of 120 days from the date of receipt of copy of this order. The respondent No. 2 shall provide opportunity of hearing to the petitioner as well as respondent No. 6. The petitioner would be at liberty to revive his prayer, if occasion arises. 6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant