Digitally signed 2026:CGHC:4004 SAIFAN by KHAN SAIFAN AFR KHAN HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 759 of 2019 Abhishek Tiwari S/o Late Shri Dhanesh Chandra Tiwari Aged About 32 Years R./o Ashok Nagar ,ekta, Colony Post And Police Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner Versus

1 - State of Chhattisgarh Through Secretary Public Health Engineer Department Mantralaya Mahanadi Bhawan Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Superintendent Engineer E/m Circle Phe Department District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3 - Smt. Kunita Kumbhar D/o Late Shri Ghasiram Bagh Office Of The E/m Sub Division Phe Department District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)]

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For Petitioner : Mr. S.P. Kale, Advocate For Respondent-State : Mr. Rahul Tamaskar, Govt. Advocate ------------------------------------------------------------------------------------------------

Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board)

21.01.2026

1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner is challenging the appointment order of respondent No.03 herein, dated 03.04.2017 (Annexure-P/01), on the post of Assistant Grade-III (AG-III) on the following factual backdrop:

1.1 Initially, on 22.03.2006, the petitioner was appointed as Chowkidar on compassionate basis with the respondent-Department and, thereafter, on 17.09.2008 he requested for his appointment on the post of AG-III before the competent authority, which was not considered favourably. However, on 29.12.2016, appointment order was issued in favour of respondent No.03 herein on the post of Peon on compassionate basis, to which, she joined the services on 17.01.2017 and, thereafter, the respondent No.03 was appointed on the post of AG-III vide impugned order dated 03.04.2017 on the ground that there was a bonafide error while appointment order dated 29.12.2016 was issued in favour of the respondent No.03 on the post of Peon, because as per her qualification and policy existed at the relevant time, she ought to have been appointed on the post of AG-III.

1.2 The respondent No.03 was appointed on the post of AG-III vide order dated 03.04.2017, however, the petitioner filed this writ petition before this Court challenging the aforesaid appointment order of respondent No.03 on 30.01.2019 stating that on account of appointment of respondent No.03 on the post of AG-III, he became junior and there cannot be endless compassion.

1.3 Reply has also been filed by the respondent-State, stating that since the respondent No.03 was having requisite qualification for appointment on the post of AG-III, yet she applied for appointment on the post of Peon and, therefore, vide order dated 29.12.2016, she was initially appointed as Peon, to which, she gave joining on 17.01.2017. However, as per relevant clause of the policy dated 14.06.2013 existed at the relevant point of time, 10% of the post of AG-III can be filled up by compassionate appointment. It has also been stated in the reply that the respondent No.03 was 12^th pass and eligible for appointment on the post of AG-III, but due to inadvertence, she was appointed on the post of Peon. As such, acknowledging the mistake of the respondent-Department, the authority concerned suo moto granted appointment to the respondent No.03 on the post of AG-III vide impugned order dt.

03.04.2017, as per the policy.

2. Mr. S.P. Kale, learned counsel for the petitioner submits that the respondent-authorities erred in law while making appointment of the respondent No.03 on the post of AG-III, as there cannot be endless compassion. Once the respondent No.03 joined on the post of Peon on 17.01.2017, subsequently, she could not be appointed on the post of AG-III vide