1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2069 of 2023 1 - Himanshu Upadhyay S/o Late Shri Rakesh Kumar Upadhyay Aged About 31 Years R/o Ward No. 6, School Para, Baikunthpur, Police Station Baikunthpur, District Korea, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 2 - The Director Public Instruction Office Of The Directorate, Indrawati Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 3 - The District Education Officer District Korea, Chhattisgarh. 4 - The Block Education Officer Block Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh. 5 - Smt. Prabha Hotta Wd/o Late Shri Rakesh Kumar Upadhyay, Aged About 44 Years R/o Ward No. 05 Mahora, Distt. Koriya C.G. ... Respondent(s) For Petitioner(s) : Mr. Shivam Agrawal, Advocate. For Respondent(s)/State : Mr. Hari Om Rai, Panel Lawyer. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Intervenor : Mr. Siddhant Tiwari, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/01/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 It is therefore prayed that the Hon'ble Court may pleased to direct to respondents No.2 & 3 to consider the application of the petitioner for compassionate appointment on the post of Peon or any other suitable post on the basis of compassionate/rehabilitation ground. 10.2 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.” 2. Brief facts of the case, is that, the petitioner is not challenging any specific order but is aggrieved by the inaction and apathy of the respondent authorities. The father of the petitioner, who was working as Principal in Government Higher Secondary School, Jamgahna, Block Baikunthpur, District Korea (C.G.), died in harness on 23.10.2019. After his demise, the petitioner applied for compassionate appointment before the District Education Officer, Baikunthpur, in the School Education Department on 14.11.2019; however, the respondent authorities have failed to take any action 3 and have remained inactive for a long period. As per the policy of the School Education Department dated 14.06.2013, it is clearly provided that compassionate appointment should be granted to one of the members of the bereaved family, yet despite the issuance of the said circular by the General Administration Department, Government of Chhattisgarh, the concerned authorities have not acted upon it. Owing to such inaction, the family of the deceased employee is facing acute financial hardship, and the competent authorities have merely given oral assurances regarding employment without granting any concrete relief. Hence, the petitioner has been constrained to file the present writ petition before this Hon’ble Court seeking appropriate relief and necessary directions. 3. Learned counsel for the petitioner submits that there is a dispute has arisen regarding the entitlement to compassionate appointment between the petitioner and respondent No. 5, as both parties are claiming such appointment on the ground that they are the legal heirs of the deceased employee, namely Late Rakesh Kumar Upadhyay, and each asserts an exclusive and legitimate right to be considered for the said appointment under the applicable rules and provisions. 4. Learned counsel for respondent No. 5 submits that the petitioner has already filed an application seeking the grant of a succession certificate before the concerned trial Court, and that the said application is presently pending adjudication and consideration, 4 wherein the rights and claims of the parties are yet to be finally determined in accordance with law. 5. Learned counsel for the State also supported the arguments advanced on behalf of respondent No. 5, submitting that the present matter pertains to the grant of a succession certificate, which is presently pending consideration before the learned 1st Civil Judge, Class I, Baikunthpur, District Koriya, Chhattisgarh, and therefore requires due adjudication by the competent civil court in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Be that as it may, the petitioner is directed to diligently pursue and conclude the proceedings before the concerned Court where the succession case is presently pending, and thereafter to submit an appropriate and complete application before the competent authorities seeking grant of compassionate appointment. Upon receipt of such application, the concerned authorities shall duly examine the same in accordance with the applicable rules, policies, and legal provisions, and shall consider the petitioner’s claim objectively and fairly, passing a reasoned and lawful order regarding the grant of compassionate appointment within a reasonable period of time. 8. It is further directed that, during the pendency of the succession case, the concerned authorities shall refrain from passing any order, and no final order shall be issued until the succession case 5 is duly decided in accordance with law. The concerned Trial Court is also directed to adjudicate and dispose of the succession case expeditiously, within a reasonable time, and the parties to the proceedings are hereby directed to extend full cooperation to the Court to ensure the timely and effective disposal of the matter. 9. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat