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2025 Supreme(Online)(Chh) 16769

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
VINAYAK KUMAR RAMTEKE – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED – Respondent
WPS/3182/2023



NAFR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR Digitally signed by VISHAKHA WPS No. 3182 of 2023 BEOHAR Order Reserved on 24.11.2025 Order Delivered on 11.12.2025

1 - Vinayak Kumar Ramteke S/o. Late Tilak Chand Ramteke Aged About 31 Years Resodent Of - House No. 167/k, Krishna Nagar, Ganesh Chouk, Supela, Bhilai, Tahsil And District Durg Chhattisgarh ... Petitioner(s)

versus

1 - The Oriental Insurance Company Limited Through Managing Director Regd. Office, Oriental House Pb No. 7037, Asif Ali Road, New Delhi.

2 - The Managing Director Oriental Insurance Company Limited, Regd.

Office, Oriental House Pb No. 7037, Asif Ali Road, New Delhi.

3 - Divisional Manager Oriental Insurance Company Limited, Divisional Officer, Durg, Parmanandbhawan, Rajendra Park Chowk, Post Box No.

51, G.E. Road, Durg Chattisgarh – 79100 .... Respondents (Cause-title taken from the Case Information System)

-----------------------------------------------------------------------------------------------

For Petitioner :- Mr. Pradeep Kumar Singh, Advocate For Respondents:- Mr. Raj Awasthi, Advocate -----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

1. The present writ petition is being filed by the Petitioner being aggrieved by the inaction on the part of the respondents in not considering and deciding his application dated 06.10.2021 seeking appointment on compassionate grounds, pursuant to the death of his father who was serving under the respondent- Company and expired while in service. Despite the Petitioner’s lawful entitlement and repeated representations, the respondents have failed to take any decision on the said application, compelling the Petitioner to approach this Hon’ble Court for appropriate relief.

2. The petitioner’s father, Late Tilak Chand Ramteke, served as Sub-

Staff (No. 572837) in the respondent-Company, Oriental Insurance Company Limited, from 08.03.1989 until his death on 23.03.2003 while in service, whereafter the petitioner’s mother, Smt. Sheela Devi Ramteke, submitted an application in September 2003 seeking compassionate appointment; however, no decision was taken by respondent No. 2 for an unduly long period, and with the passage of time the petitioner’s mother advanced in age and became physically incapable of employment, prompting the petitioner to apply for compassionate appointment in lieu of his mother against the vacancy of the deceased employee. It was only after an inordinate delay of nearly two decades that the respondents, vide letter dated 24.03.2023, informed the petitioner’s mother that the compassionate appointment scheme had been discontinued w.e.f. 01.06.2002 and revived only from 01.11.2014, and therefore her application could not be considered. The petitioner submits that he has a legitimate entitlement to compassionate appointment as a dependent of the deceased employee and that the respondents, by not deciding the earlier application for almost 20 years and thereafter taking refuge behind an untenable and belated justification, have acted arbitrarily and unjustly, thereby depriving him of his rightful claim, giving rise to the present petition.

3. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to direct respondents No.1 to 4 to pass orders giving suitable appointment to the petitioner against the deceased employee quota on compassionate ground commensurate to the qualification of the petitioner.

10.2 Any other relief that this Hon'ble Court may deem fit in the interest of justice.”

4. Brief facts of the case are that the petitioner’s father, Late Tilak Chand Ramteke, served as Sub-Staff No. 572837 in the respondent-Company, Oriental Insurance Company Limited, from 08.03.1989 until his death on 23.03.2003 while in service, as evidenced by the Appointment Order, Pay Slips and Death Certificate (Annexures P/1 & P/2). Following

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