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2026:CGHC:4906

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1085 of 2026

ALFIZA

BAIG

Ankit Kumar Gautam S/o Late B.S. Gautam Aged About 29 Years

Digitally signed

by ALFIZA BAIG

Date: 2026.02.03 Occupation - Unemployed, R/o House No. 04 Mamkotpara, Near Swami

10:42:58 +0530

Aatmanand School, Kondagaon District Kondagaon Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School

Education, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District Raipur

Chhattisgarh

2 - The Commissioner Lok Shikshan Sanchalnalaya, Indrawati Bhawan,

Nawa Raipur, District Raipur Chhattisgarh

3 - The Collector District Kondagaon Chhattisgarh

4 - The Joint Director Education Division Bastar, Jagdalpur District Bastar

Chhattisgarh

5 - The District Education Officer Kondagaon, District Kondagaon

Chhattisgarh

6 - The Block Education Officer Block Kondagaon District Kondagaon

Chhattisgarh

7 - The Principal Government Higher Secondary School, Tahsilpara,

Kondagaon, District Kondagaon Chhattisgarh

... Respondents

For Petitioner : Ms. Ankita Goswami, Advocate

For Respondents-State : Mr. Aditya Tiwari, Panel Lawyer

Hon'ble Shri Justice Parth Prateem Sahu

Order On Board

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29.01.2026

1. Petitioner has filed this writ petition aggrieved by the decision of

Respondent No. 5 rejecting the claim of petitioner for grant of

compassionate appointment.

2. As per case of petitioner, father of petitioner late Bablu Singh

Gautam while working as Lecturer in Govt. Higher Secondary

School, Tahsilpara, Kondagaon District- Kondagaon, Chhattisgarh

died in harness on 01.01.2024. Petitioner submitted an application

for grant of compassionate appointment on 29.02.2024 in the

prescribed format along with relevant documents, which was

rejected vide order impugned (Annexuer P-1) observing that as

one of family member is already in Government service working,

therefore according to clause 6A of Circular dated 23.02.2019

issued by the State Government, petitioner is not entitled for grant

of compassionate appointment. Aggrieved by the rejection of his

application for grant of compassionate appointment, this writ

petition is filed by petitioner seeking following reliefs.

“10.1 That, this Hon’ble Court may kindly call

for the entire record in relates to the case of

the petitioner.

10.2 That, this Hon’ble Court may kindly be

pleased to issue a writ/writs/order or orders

thereby set-aside the order dated 13.12.2024

(Annexure P-1), issued by the Respondent

no. 5 and the authorities be directed to grant

the compassionate appointment to the

petitioner in place of his father, in the interest

of justice.

10.3 That, any other relief, this Hon’ble Court

may also be granted to the petitioner in view

of facts and circumstances of the case.”

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3. Learned counsel for petitioner submits that action on the part of

respondent authorities in rejecting claim of petitioner for grant of

compassionate appointment is arbitrary and erroneous. It is

contended the respondent authority failed to appreciate this fact

that the family member who is in Govt. service is residing

separately. It is further contended that father of petitioner was

taking care of the petitioner and other family members, after his

death, petitioner and other family members are suffering from

financial crises and are unable to maintain themselves.

4. Learned State counsel opposing the submission of learned

counsel for petitioner would submit that Clause 6A is inserted in

the Circular dated 23.02.2019 with some purpose. The scheme of

compassionate appointment is a social scheme to protect the

family members of deceased employee from sudden financial

crisis due to untimely demise of only bread-winner. There is no

error in rejecting the application of petitioner for grant of

compassionate appointment because one of the family members

of family of deceased employee is already in Government

employment, hence, petitioner is not entitled for grant of

compassionate appointment.

5. I have heard learned counsel for the parties and perused the

documents