1 2026:CGHC:17465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6412 of 2021  Smt. Rina @ Reena Bhuarya Wd/o Late Shri Keshu Ram Bhuarya Aged About 36 Years R/o House No. 25, Kumharras, Ward No. 15, Sukma, District- Sukma C.G. ... Petitioner(s) versus 1. State Of Chhattisgarh Through- The Secretary, Department Of School Education, Ministry, Mahanadi Bhavan, New Raipur, Atal Nagar, District- Raipur (C.G.) 2. The Director Directorate Of Panchayat And Rural Development, Raipur, District- Raipur (C.G.) 3. The Collector District- Sukma, C.G. 4. Chief Executive Officer District Panchayat Sukma, District- Sukma C.G. 5. District Education Officer Education District Sukma District- Sukma, C.G. 6. Chief Executive Officer Janpad Panchayat Sukma, District- Sukma C.G. ... Respondent(s) For Petitioner : Mr. Alok Kumar Dewangan, Advocate For State : Mr. R.C.S. Deo, P.L. For Respondent No. 4 and 6 : None, though served Digitally signed by AJINKYA PANSARE Date: 2026.04.16 16:53:22 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 16.4.2026 1) Petitioner has filed this petition seeking following reliefs:- 10.1. That, this Hon'ble Court may kindly be pleased to quash/ set aside the letter/ order Kramank / 915 / Jan. Pan. / Shiksha Stha. / Uchh. Nayaya /2021-22, Sukma, dated 13/08/2021 issued by Chief Executive Officer, Janpad Panchayat Sukma, District Sukma, C.G. 10.2 That, this Hon'ble Court may kindly be pleased to direct the Respondents to consider the application for compassionate appointment of the petitioner within prescribed time frame and grant compassionate appointment to the petitioner on any class IV post if post are not available than supernumerary post should be created to accommodate the petitioner or she may be given employment on daily waged basis till availability of vacant post. 10.3. That, this Hon'ble Court may kindly restrain the respondents from denial of giving compassionate appointment on the ground of delay, educational qualification and disability of the petitioner. 10.4 That, the Hon'ble Court may kindly be pleased to call for entire records relevant to petitioner's claim for kind perusal of this Hon'ble Court. 10.5 That, this Hon'ble Court may kindly be pleased to pass any other order which the petitioner is entitled and the Hon'ble Court may deem it fit in favour of the petitioner. 2) Facts of present case are that husband of petitioner namely Keshu Ram Bhuarya, who was working on the post of Shiksha Karmi Grade-III died in harness on 14.7.2015. Petitioner moved application for grant of compassionate appointment on 18.8.2015 and same was rejected by CEO, Janpad Panchayat Sukma vide 3 order dated 13.8.2021 stating that in absence of requisite qualifications, petitioner cannot be appointed as Assistant Teacher (Panchayat) on compassionate basis. 3) Learned counsel for the petitioner submits that a circular was issued by the respondent department for grant of compassionate appointment on 7.2.2014 and according to it, the dependent of a deceased Teacher (Panchayat) may be appointed against sanctioned and vacant post of Assistant Teacher (Panchayat), if such dependent fulfills the eligibility criteria. He further submits that subsequently, a circular was issued on 8.1.2016 wherein it was held that in absence of requisite qualification for the post of Assistant Teacher (Panchayat), the dependent may be appointed against the sanctioned and vacant post of Secretary Gram Panchayat. He contends that circular dated 8.1.2016 was withdrawn vide order dated 28.6.2017 and at present there is no policy for grant of compassionate appointment for the dependents of deceased Teacher (Panchayat). He further contends that respondent authorities ought to have consider the name of petitioner for appointment on any sanctioned and vacant Class-IV post on compassionate basis. He prays to set aside the order impugned. 4) On the other hand learned State counsel would oppose. He submits that petitioner was lacking the requisite qualification required for appointment to the post of Assistant Teacher 4 (Panchayat), therefore her application was rejected. He further submits that there is no provision to offer appointment to a dependent of deceased Teacher (Panchayat) against Class-IV post, therefore this petition deserves to be dismissed. 5) I have heard learned counsel for the parties and perused the documents placed on record. 6) Admittedly, the claim of petitioner has been rejected on the ground that on the date of consideration, petitioner was not possessing the requisite qualification for the post of Assistant Teacher (Panchayat). Subsequently, the policy changed and dependents were offered appointment on the post of Secretary Gram Panchayat. However, said circular was withdrawn by the State Government vide order dated 28.6.2017. 7) Present is a case where petitioner has been declined compassionate appointment on the ground that on the date of consideration, she was lacking the requisite qualification for appointment to the post of Assistant Teacher (Panchayat). In my opinion, such reasoning appears to be unreasonable and arbitrary. In view of the aforesaid discussion, the order dated 13.8.2021 is hereby quashed and this petition stands allowed. 8) Petitioner is permitted to make a representation along with a copy of this order before Chief Executive Officer District Panchayat Sukma, who in turn is directed to consider the case of the petitioner for grant of compassionate appointment against 5 sanctioned and vacant Class-IV post. It is expected that the authority concerned shall complete the entire exercise within period of four months from today. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a