2026:CGHC:8208 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1706 of 2026 Lalit Kumar Sahu S/o Late Rudradev Sahu, Aged About 42 Years R/o House No. 519, Village- Sargaon, P.S. Kharora, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur C.G.

2 - State Of Chhattisgarh Through The Secretary, Department Of Energy, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur C.G.

3 - The Chhattisgarh State Power Holding Company Limited, Through Its Managing Director, Daganiya, Raipur, District Raipur C.G.

4 - The Chhattisgarh State Power Distribution Company Limited, Through Its General Manager (H.R.), Vidyut Sewa Bhawan Daganiya, Raipur, District Raipur C.G.

5 - Chief Engineer (H.R) Department, Chhattisgarh State Power Digitally signed by PRAVEEN KUMAR

SINHA

Date:

2026.02.18

+0530

Distribution, Company Limited, Vidyut Sewa Bhawan Daganiya, Raipur, District Raipur C.G.

6 - Executive Engineer (O And M) Chhattisgarh State Power Distribution, Company Limited, Vidyut Sewa Bhawan Daganiya, Raipur District Raipur C.G.

... Respondent(s)

For Petitioner :Ms. Juhi Jaiswal, Advocate For Resp. No. 1 & 2/State :Mr. Love Sharma, Panel Lawyer For Resp. No. 3 to 7 :Mr. Mayank Chandrakar, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

13/02/2026

1. With the consent of learned counsel appearing for the parties, this case is heard finally.

2. Petitioner has filed this writ petition seeking following reliefs:

“(10.1) It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records concerning the present matter.

(10.2) This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing the letter dated 25/08/2025 and 30.12.2025(Annexure P/1) and grant the appointment to the petitioner on compassionate grounds.

(10.3) This Hon'ble Court may kindly be pleased to issue an appropriate writ in the nature of mandamus directing respondents to amend the Compassionate Appointment Policy, 2018 issued by the Chhattisgarh State Power Holding Company Limited (hereinafter referred to as "CSPHCL") vide circular dated 11.04.2018 as per the existing OAD Circular, 2018 for grant of compassionate appointment which allows 5 years relaxation from the upper age limit with the maximum eligible age of 45 years in accordance with law.

(10.4) Any other relief/ relief's which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also be pleased to be granted to the petitioners.”

3. Learned counsel for the petitioner submits that father of the petitioner was working on the post of Line Assistant Grade-II at JE Saragaon District- Raipur. While in service, he died on 16.04.2025 due to brain hemorrhage. Petitioner being dependent son of deceased employee applied for grant of compassionate appointment vide his application dated 30.05.2025 along with all relevant documents. However, vide order dated 25^th July 2025, his application was rejected assigning reason that petitioner is over aged and hence not eligible for grant of compassionate appointment. Referring to Circular dated 14.06.2013 issued by the General Administration Department (GAD), Govt. of Chhattisgarh which is Consolidated Revised Instructions on Compassionate Appointment – 2013, she submits the petitioner being OBC category candidate is entitled to get age relaxation of five years in upper age limit i.e. up to 45 years. Respondents – Electricity Company while issuing advertisement for direct recruitment have adopted and applied the age criteria as prescribed in GAD circular, however, while deciding petitioner’s case for grant of compassionate appointment, respondents have adopted contradictory and discriminatory approach by denying similar age relaxation seeking appointment on compassionate basis.

4. On the other hand, learned counsel for respondents No.3 to