Digitally signed by ASHISH ASHISHTIWARI TIWARI Date:

2026.01.14

17:23:14 +0530

2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 6485 of 2021 Vikas Sonboir, S/o Late Onkar Lal Sonboir, aged about 23 Years, R/o R.K. Nagar, Jeevan Colony, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

---- Petitioner Versus

1 - State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh; 2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh;

3 - District Education Officer Rajnandgaon, District Rajnandgaon, Chhattisgarh.

Respondents

Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

07/01/2026

1. This writ petition has been filed by the petitioner seeking for the following relief :

(i) That, this Hon'ble Court may kindly be pleased to quash Annexure P-1 and direct the respondent authority to consider and grant compassionate appointment as per judgment of this Hon'ble Court in W.P.S. No. 407/2021 within stipulated period, in the interest of justice;

(ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.

2. Facts which emerges from the petition is that the father of the petitioner late Shri Onkar Lal Sonboir who was posted as Upper Division Teacher, at Govt.

Middle School Khairi, Block Dongargarh, District Rajnandgaon, and he died in harness on 11.04.2021 leaving behind widow wife Smt. Neera Sonboir and two sons petitioner and Dipendra Sonboir. That, the petitioner who is son of the deceased employee applied for compassionate appointment on 27.05.2021 but the same was rejected only on the ground that his brother Dipendra Sonboir is Class-IV employee in Veterinary department. That, the brother of the petitioner Dipendra Sonboir who is posted at Jalbandha is already married and living separately with his family and he he is not giving any financial Assistance to the family of the deceased.

3. This Hon'ble Court in W.P.S. No. 407/2021 has considered the similar issue and observed that merely because one of family member is in Govt. job application for compassionate appointment cannot be rejec and in such case, proper enquiry has to be made that the earning member is providing a financial assistance to the dependent family such member is living separately, but in t case, brother who is Govt. job is living separat and not providing any financial assistance but then also in the respondent no. 2 has rejected the application. Hence this petition.

4. Learned counsel for the petitioner submits that father of the petitioner was posted as Upper Division Teacher, at Govt. Middle School Khairi, Block Dongargarh, District Rajnandgaon and he died on harness on 11.04.2021, Thereafter, the petitioner made an application for grant of companssionate appoinment to the respondents. The application of the petitioner was rejected vide impugned order dated 30/01/2021 (Annexure P/1). Challengin, the same this writ petition is filed. Learned counsel for the petitioner further submits that the rejection of the application of the petitioner is on the ground that the brother of the petitioner was working as Class-IV employee with the State Government, thus Compassionate appointment cannot be granted to the petitioner. He submits that the brother of the petitioner though working as Class-IV employee with the respopndents, however he is residing separetly, the impugned order is bad in law.

5. Learned counsel for the State opposing the submission and submits that the compassionate appointment is made in accordance with the Policy framing by the State Government in this regard. As per the Policy for compassionate appointment issued in the year 2013 amended from time to time, if any member of the family of the deceased is in