2026:CGHC:4163 AVINASH NAFR SHARMA Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by AVINASH SHARMA WPS No. 4366 of 2023 Prabha Markam W/o Shri Dasrath Meravi, Aged About 39 Years R/o Village Girdhari Nagar, Durg, Tahsil And District Durg Chhattisgarh.

... Petitioner.

versus

1 - State Of Chhattisgarh Through The Secretary, Panchayat And Gramin Vikas Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh.

2 - Chief Executive Officer, Zilla Panchayat Kabirdham Chhattisgarh.

... Respondents.

For Petitioner : Shri Udho Ram Koshaley, Advocate.

For State/ Respondent : Ms. Vartika Shrivastava, PL.

For Respondent No.2 : Mr. Mohd Naqeeb appears on behalf of Shri Shaleen Singh Baghel, Advocates.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

23/01/2026

1. By way of this Writ Petition, petitioner has prayed for the following reliefs:

9.4 That, this Hon'ble Court may kindly be pleased to quash Annexure P-1 and to consider case of compassionate appointment of petitioner, who is married sister of Late Shri Sourabh Kumar Thakur who is maintaining old father and mother of late 'Shri Sourabh Kumar Thakur as there is no one to look after them.

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

2. Necessary facts of the case are that unmarried brother of the petitioner late Shri Sourabh Kumar Thakur, Lecturer, Panchayat Govt. Higher Secondary School, Birendra Nagar Block, Sahaspur Lohara, District Kabirdham C.G. who died while in service on 25.08.2013. The deceased left behind father, mother and sister who were dependent upon him. Petitioner is married sister of deceased and is looking after old father and mother of the deceased. However, Respondent No.2 without considering the circumstances of the petitioner passed the impugned order dated 22.03.2022 (Annexure P/1) whereby, petitioner was found not eligible for grant of compassionate appointment.

3. Counsel for the petitioner submits that petitioner is married sister of deceased employee namely Saurabh Kumar Thakur who was unmarried and there is no one else in the family to look after old mother and father of the deceased. Counsel for the petitioner further submits that though the petitioner is married, she was dependent upon her brother who was taking care of her, as the petitioner is very poor person.

4. Learned State counsel submits that petitioner’s application for grant of compassionate appointment has been rejected only on two grounds that petitioner is married sister of deceased and further, she is not eligible for appointment to the post of Assistant Teacher (Panchayat).

5. Counsel for Respondent No.2 also submits that petitioner could not be given compassionate appointment only for two grounds that petitioner is married and she is not qualified for the post of Assistant Teacher (Panchayat).

6. I have heard learned counsel for the parties and perused the record available with the petition.

7. From perusal of record, it appears that denial of compassionate appointment is on two grounds that petitioner is married and she is not qualified for the post of Assistant Teacher (Panchayat).

8. So far as the ground of being married sister is concerned, it has already been settled by the Hon’ble Supreme Court that married sister are also having right and subsequently, it has also been added in the circular. As such, this ground for denial is unsustainable in the eyes of law.

9. The Hon’ble Supreme Court in the matter of Vijaya Ukarda Athor (Athawale) vs. State of Maharashtra and Others {(2015) 3 SCC 399}

held in paragraphs 11 & 12 as under:-

“11. The fact that the appellant is the daughter through the first wife-Shantabai Athor and respondent No.3 is the son through the second wife-Kuntabai Athor of Late Ukarda Athor is not in dispute. Ukarda Athor died on 18.06.1997. According to the appellant, her mother submitted an application dated 29.12.1997 stating that her daughter Vijaya Athor, the appellant