Compassionate appointments are governed by strict internal policies, and applicants must meet the specified criteria without overriding regulations from general administrative directives.

ORDER :

Parth Prateem Sahu, J.

1. With the consent of learned counsel appearing for the parties, this case is heard finally.

2. Petitioner has filed this writ petition seeking following reliefs:

“(10.1) It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records concerning the present matter.

(10.2) This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing the letter dated 25/08/2025 and 30.12.2025(Annexure P/1) and grant the appointment to the petitioner on compassionate grounds.

(10.3) This Hon'ble Court may kindly be pleased to issue an appropriate writ in the nature of mandamus directing respondents to amend the Compassionate Appointment Policy, 2018 issued by the Chhattisgarh State Power Holding Company Limited (hereinafter referred to as "CSPHCL") vide circular dated 11.04.2018 as per the existing OAD Circular, 2018 for grant of compassionate appointment which allows 5 years relaxation from the upper age limit with the maximum eligible age of 45 years in accordance with law.

(10.4) Any other relief/ relief's which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also be pleased to be granted to the petitioners.”

3. Learned counsel for the petitioner submits that father of the petitioner was working on the post of Line Assistant Grade-II at JE Saragaon District- Raipur. While in service, he died on 16.04.2025 due to brain hemorrhage. Petitioner being dependent son of deceased employee applied for grant of compassionate appointment vide his application dated 30.05.2025 along with all relevant documents. However, vide order dated 25^th July 2025, his application was rejected assigning reason that petitioner is over aged and hence not eligible for grant of compassionate appointment. Referring to Circular dated 14.06.2013 issued by the General Administration Department (GAD), Govt. of Chhattisgarh which is Consolidated Revised Instructions on Compassionate Appointment – 2013, she submits the petitioner being OBC category candidate is entitled to get age relaxation of five years in upper age limit i.e. up to 45 years. Respondents – Electricity Company while issuing advertisement for direct recruitment have adopted and applied the age criteria as prescribed in GAD circular, however, while deciding petitioner’s case for grant of compassionate appointment, respondents have adopted contradictory and discriminatory approach by denying similar age relaxation seeking appointment on compassionate basis.

4. On the other hand, learned counsel for respondents No.3 to 6/Electricity Company opposes submission of learned counsel for the petitioner and submits that respondent-Electricity Company is a statutory body having its own duly approved compassionate appointment scheme. Referring to Clause -12 (2) (b) of the Circular dated 11^th April 2018 issued by the respondent- Chhattisgarh State Power Holding Company, he submits that widower/son/daughter/ daughter-in-law/brother/sister of the deceased employee who has applied for grant of compassionate appointment, as the case may be, and belongs to SC/ST/OBC category, maximum upper age limit is prescribed as 40 years. Admittedly, the petitioner belongs to OBC category and aged about 42 years, therefore, as per the Policy, he is not entitled for grant of compassionate appointment and Circular issued by the GAD will not apply in granting compassionate appointment in the respondent- Company.

5. I have heard learned counsel for the parties a