Digitally signed

2026:CGHC:6715 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8681 of 2023

1 - R. Yomesh Soni S/o Shri Rajesh Kumar Soni Aged About 21 Years R/o Baiga Para, Ward No.6, Near Dehati General Store, Durg, District-

Durg, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Ministry, Mantralaya Mahanadi Bhavan, P.S. Rakhi, New Raipur, Chhattisgarh.

2 - District- Education Officer Durg, Chhattisgarh.

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Anukul Biswas, Advocate For State : Mr. Kanwaljeet Singh Saini, Dy. Govt. Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

06/02/2026

1. The present writ petition is being filed seeking following reliefs:-

“10.1 That this Hon'ble Court may kindly be pleased to the respondents to issue order order of compassionate appointment to the petitioner on compassionate ground consequent to death of Late Shri Suresh Kumar Soni.

10.2 That any other relief which the Hon'ble Court deem fit may kindly also be allowed.”

2. Facts of the case, in breif, is that the grievance of the petitioner arises out of the impugned order dated 04.03.2022 passed by the District Education Officer, Durg, whereby the petitioner’s claim for compassionate appointment has been rejected. In the said impugned order, the respondent authority has acknowledged the petitioner as a dependent of Late Shri Suresh Kumar Soni, yet refused to grant compassionate appointment solely on the ground that the petitioner is the nephew of the deceased employee. It is the case of the petitioner that Late Shri Suresh Kumar Soni had, during his lifetime, treated the petitioner as a member of his family and had consistently shown him as such in official records. The details of the family members as declared by Late Shri Suresh Kumar Soni, wherein the petitioner has been included. This clearly establishes that the petitioner was recognized by the deceased employee as part of his family for all practical and official purposes. Further, Late Shri Suresh Kumar Soni had nominated the petitioner under the Family Benefit Fund Rules, 1974, thereby acknowledging the petitioner as his dependent for the purposes of service-related benefits. In addition thereto, the deceased employee had also nominated the petitioner as his nominee in his accounts maintained with the State Bank of India, which further demonstrate the financial dependence and close familial relationship between the petitioner and the deceased. It is also averred that during the lifetime of Late Shri Suresh Kumar Soni, the petitioner was taking care of his medical treatment and well-being. One such supporting document, namely the OPD slip issued by the Central India Institute dated 07.08.2021, evidencing the petitioner’s involvement in the medical care of the deceased, This fact substantiates the petitioner’s claim that he was dependent upon and was looking after the deceased employee prior to his death. The petitioner further submits that he possesses the requisite educational qualification for appointment under the respondents. The petitioner has passed B.Sc. Part-III in First Division and is, therefore, eligible for appointment on the post of UDT in a school under the respondent department. Lastly, it is not in dispute that Late Shri Suresh Kumar Soni expired on 15.12.2021. The petitioner, being a dependent and nominee of the deceased employee and otherwise eligible, has thus approached this Court challenging the arbitrary rejection of his claim for compassionate appointment.

3. Learned counsel for the petitioner would submit that the impugned action of the respondent authorities in rejecting the petitioner’s claim for compassionate appointment is arbitrary, illegal, and contrary to the settled principles of law laid down by the Hon’ble Supreme Court. It is contended that the respondents have failed to appreciate the real object and purpose o