2026:CGHC:499 Digitally signed NAFR by SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2640 of 2023

1 - Mukesh Kumar Bagchi S/o Late Shri Deepak Bagchi Aged About 28 Years R/o Village P.V. 39, Indraprasth Tahsil Pnakhanjure, District North Bastar Kanker Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhavan, Manralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

2 - Director Urban Adminsitration And Development Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

3 - Under Secretary, Urban Administration And Development Department Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

4 - Joint Director Urban Administration And Development Department, Bastar Division, Jagdalpur, District Bastar Chhattisgarh

5 - Nagar Panchayat Pakhanjur Through The Chief Municipal Officer, District North Bastar, Kanker Chhattisgarh

6 - President In Council Through The President Nagar Panchayat, Pankhanjur District North Bastar Kanker Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System) For Petitioner : Mr. Prateek Sharma, Advocate For State : Mr. Hariom Rai, Panel Lawyer For Resp. No. 5 & 6 : Mr. Ghanshyam Patel, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

05/01/2026

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

10.2 That this Hon'ble Court may kindly be pleased to set aside the impugned orders dated 02.03.2023 & 31.03.2023 & resolution dated 30.03.23 (ANNEXURE P/1, P/10 & P/11) with all consequential benefits, in the interest of justice.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case, including cost of the petition may kindly be awarded to the petitioner.”

2. Facts of the case, in a nutshell, are that the father of the petitioner, Late Shri Deepak Bagchi, was a regular employee of Nagar Panchayat Pakhanjur working as Assistant Revenue Inspector and expired in harness on 20.11.2017. After his death, the petitioner applied for compassionate appointment, disclosing that he was only a 10^th pass at the relevant time and requesting appointment on any suitable post as per his qualification, with liberty to acquire higher qualification if required. Initially, as no suitable post was available, the President-in-Council of the Nagar Panchayat, in its meeting dated 27.08.2018, resolved to appoint the petitioner on the post of Driver by creating a supernumerary post, and the proposal was forwarded to the competent authority, though no action followed. Subsequently, in view of the General Administration Department circular dated 14.06.2013, the President-in-Council unanimously resolved on 04.02.2019 and again on 15.07.2019 to grant compassionate appointment to the petitioner on the post of Safai Daroga, subject to the condition that he would acquire the requisite 12^th pass qualification within the prescribed period. Ultimately, by order dated 20.09.2019, the petitioner was appointed on the post of Safai Daroga with the condition to obtain the minimum educational qualification within two years, which he duly fulfilled by passing the 12th examination in the year 2020. During his service, the petitioner was also appreciated for his sincere work and was awarded a citation on Republic Day in 2022. However, on the basis of a departmental enquiry conducted against the then Chief Municipal Officer in the year 2022, and without affording any opportunity of hearing to the petitioner, an order dated 02.03.2023 was passed directing cancellation of the petitioner’s compassionate appointment on the ground that the same was not in accordance with law. Thereafter, based on the said order and a resolution dated 30.03.2023 of the President