NAFR Digitally signed by SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 06.02.2026 Order passed on : 13.02.2026 WPS No. 4769 of 2023

1 - Vishal Sadhwani S/o Late Deepak Kumar Sindhi Aged About 20 Years R/o Sindhi Colony, Dhanwara Para, Korba, District : Korba, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

2 - Office Of Executive Engineer Public Work Department, Division Champa, Champa, District : Janjgir-Champa, Chhattisgarh

3 - Superintendent Engineer Public Work Department, Bilaspur, Mandal, District : Bilaspur, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Shobhit Koshta, Advocate For State : Mr. Ashutosh Shukla, Panel Lawyer (Hon'ble Shri Amitendra Kishore Prasad, Judge)]

C.A.V. Order

1. The present writ petition has been filed by the petitioner being highly aggrieved and dissatisfied with the action of the respondent authorities, particularly the rejection of the petitioner’s claim for compassionate appointment, as communicated vide letter dated 26.05.2023 issued by respondent No. 2, whereby reference has been made to order dated 09.05.2023. The impugned communication/order dated 26.05.2023, as well as the underlying order dated 09.05.2023, are thus illegal, arbitrary, and contrary to law, and have resulted in grave prejudice to the petitioner. Being left without any efficacious alternative remedy, the petitioner has been constrained to invoke the extraordinary jurisdiction of this Court by filing the present writ petition seeking following reliefs :

“10.1 This Hon'ble Court may kindly be pleased to issue appropriate writ and quash the impugned order dated 9/5/23 (Annexure P-5) and also direct the respondent authorities to grant compassionate appointment to the present petitioner in the interest of justice and for the proper adjudication of the case.

10.2 This Hon'ble Court may kindly be pleased to call for the entire records of the selection process for kind perusal of this Hon'ble Court.

10.3 Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice.

10.4 This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioner.”

2. Facts of the case, as canvased are that, the petitioner is the adopted son of Late Shri Deepak Kumar Sindhi, who died in harness on 01.06.2006 while working on the post of Peon in the office of respondent No. 2. At the time of the demise of the deceased employee, the petitioner was a minor. Immediately after performing the last rites and essential ceremonies, the petitioner, upon attaining the age of majority, submitted an application seeking appointment on compassionate grounds in accordance with the prevailing policy. Prior to and in continuation of the above, the petitioner also submitted an application before the competent authority seeking release of the retiral benefits of the deceased employee. As the said benefits were not released, the petitioner was constrained to institute a succession case before the competent Civil Court. The learned Court, after due consideration and on the basis of the consent letter dated 03.01.2006, was pleased to pass an order dated 23.04.2013 directing the respondent authorities to release the retiral benefits in favour of the petitioner and further directed them to consider the petitioner’s claim for compassionate appointment in accordance with the applicable policy. Despite the aforesaid judicial direction, the respondent authorities did not take any steps to process or decide the petitioner’s application for compassionate appointment. Consequently, the petitioner was compelled to submit a detailed representation dated 15.12.2021 requesting consideration of his claim for compassionate appointment. Thereafter, the respondent authorities, while acting upon the petiti