2025:CGHC:10726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2989 of 2021  Ganesh Nirmalkar S/o Gariba Ram Nirmalkar, Aged About 33 Years R/o. Sbi Colony, Zone-3, Street No. 8 New Adarsh Nagar, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Petitioner versus

1. State Of Chhattisgarh Through Secretary, Department Of School And Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Director, Lok Shikshan Sanchanalaya, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Collector, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

4. District Eduacation Officer, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

5. Block Education Officer, Balod, District Durg Chhattisgarh, District :

Durg, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Jitendra Gupta, Advocate For Respondent(s) : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

05.03.2025

1. The petitioner who is brother of deceased Smt. Meera Nirmalkar teacher LB Government Middle School Chicha, Dhamdha has filed Digitally signed by MANISH MANISH YADAV YADAV Date:

2025.03.25 +0530 this writ petition under Article 226 of the Constitution of India challenging the impugned order dated 25.01.2021 (Annexure- P/1) passed by the respondent No. 4 by which the petitioner’s application for grant of compassionate appointment has been rejected by the District Education Officer Durg.

2. Brief facts as reflected from the record are that deceased Smt.

Meera Nirmalkar who was a divorced lady was appointed 01.08.2005 as Shikshkarmi thereafter, she was promoted on 21.10.2016 as Teacher Panchayat in the pay scale of 4500-125- 7000. The deceased Smt. Meera Nirmalkar took divorce from her husband and later on she expired on 24.09.2018, thereafter, the sister-in-law of deceased Smt. Shobhana Nirmalkar has moved an application for grant of compassionate appointment which was rejected by the District Education Officer Durg on the count that there is no such provision for grant of compassionate appointment for the sister-in-law of the deceased employee, therefore, the present petitioner moved an application for grant of compassionate appointment vide Annexure P/4. Thereafter, the petitioner’s application has been rejected on 25.01.2021 by the District Education Officer Durg on the count that the deceased was a divorced lady, as such she cannot be treated as unmarried, therefore, the claim of the petitioner for grant of compassionate appointment has not been considered and accordingly, it has rejected the same.

3. Being aggrieved with this order the petitioner has preferred this writ petition under Article 226 of the Constitution of India mainly contending that the petitioner is dependent on the earning of the

deceased and he falls within the ambit of the family as she was petitioner’s sister and no one was in the family to look after her after divorce, therefore, the rejection of the application by the respondent is without application of mind and deserves to be set

aside.

4. On the other hand learned counsel for the State would oppose the submission and would submit that the circular issued by the State Government on 14.06.2013 clearly defined the family and dependent which are extracted below. The Clause 5 of the circular dated 14.06.2013 also provides that who will be eligible for grant of compassionate appointment and Clause 6 provides that the dependents who falls within the ambit of dependents. Clause 5 and 6 reads as under:-

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¼d½ fnoaxr 'kkldh; lsod dh fo/kok@fo/kqj]

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