NAFR AVINASH SHARMA AVINASH SHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.02.17 11:18:46 +0530 WPS No. 927 of 2023 Kunal Kashyap S/o Shri Budhram Kashyap Aged About 19 Years R/o House Of Ashok Kumar Kashyap, Village Giddha, Post Semra, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh ... Petitioner.

versus

1 - State Govt. Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.

2 - Director Chhattisgarh Ayurved Yog And Prakritik Chikitsa, Yunani, Siddhi And Homyopaithi (Aayush) Raipur Chhatttisgarh. 3 - District Ayurved Officer Durg District Durg Chhattisgarh.

4 - District Ayurved Officer Bemetara District Bemetara Chhattisgarh ... Respondents.

For Petitioner : Shri Vivek Kumar Shrivastava, Advocate.

For State/ Respondents : Shri Hrishikesh Sharma, PL.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

11/02/2026

1. This Writ Petition has been filed challenging the order dated

15.08.2020 passed by Respondent No.3 by which, claim of the petitioner for grant of compassionate appointment has been rejected.

2. Petitioner has prayed for the following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased to quash order dated 15.08.2020 passed by respondent no.3 and direct the respondent concerned no.4 to reconsider the case of the petitioner for compassionate appointment, within stipulated period.

10.2 Any other relief, which this Hon'ble Court may deem fit.

3. Necessary facts of the case are that by way of this writ petition, the petitioner is challenging order dated 15.08.2020 passed by the respondent no.3, whereby rejected claim of the petitioner for grant of compassionate appointment, on the ground that, the one member of family of deceased employee is a government servant, the present impugned order passed by the respondent no.3 is without jurisdiction, because petitioner's mother was working under the control of respondent no.4, therefore cancelling and rejecting claim of the petitioner by the respondent no.3 is without jurisdiction. That, the mother of the petitioner namely Late, Smt. Santoshi Kashyap was working under the respondents as Oshadhaalay (Dispensary) Sevak at Govt. Ayurved Oshadhaalay, Kura, District-Bemetara, during service his mother died in harness on 12.09.2016, at the time of death of his mother, petitioner was minor and his age was just 14 years, after attaining majority, he moved an application for compassionate appointment, before office of respondent no.4. The petitioner moved an application before respondent no. 3 and 4, the mother of the petitioner was Class-IV employees and was posted/working under the jurisdiction of respondent no.4, but the respondent no.3 called entire documents and rejected claim of the petitioner, on the ground that already one member is govt servant, whereas petitioner specific mentioned in his application that he is residing separately and his father not maintaining dependent of deceased employee. The petitioner and his brother totally depend on meternal uncle, namely Ashok Kumar Kashyap. That, the father of the petitioner namely Shri Bhudhram living separately before death of petitioner's mother and just after death of petitioner's mother he performed marriage with Smt. Ved Kashyap and recorded her name in the service book, after death of his mother, there is no income of source of the petitioner and he and his brother are facing financial problem. That, the application of the petitioner not considered by the authority in proper manner and rejected his application, on the ground that the one of the family member of deceased employee is in government servant and application for compassionate appointment is rejected, this action of the respondent is illegal and against the object/aim of compassionate appointment. The respondent no.3 not considered ground raised by the petitioner on the application for grant of compassionate appointment and rejected his claim. The mother of t