2025:CGHC:58733 Digitally signed by SHAYNA NAFR KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3878 of 2023

1 - Ajit Pandey S/o Late Shri Suresh Pandey, Aged About 30 Years R/o Village Tendubhatha, Tahsil Saja, District : Bemetara, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Naya Raipur, District Raipur Chhattisgarh.

2 - District Education Officer, Bemetara, District : Bemetara, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Prateek Sharma, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

03/12/2025

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

10.2 That this Hon'ble Court may kindly be pleased to set aside the impugned order dated 20.02.2023 [ANNEXURE_P/1] and further be pleased to direct the respondents to grant the to compassionate appointment accordance with law. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case, including cost of the petition may kindly be awarded to the petitioner.”

2. Facts of the case, in a nutshell, are that the petitioner’s brother, Late Shri Amit Kumar Pandey, was serving as a Peon at Government H.S. School, Rajamohgaon, Block Saja, Bemetara under the respondent department when he expired in harness on 25.06.2022, leaving behind the petitioner as his sole dependent, as the deceased was unmarried and the parents of the petitioner had already passed away, and the petitioner himself is also unmarried. Following the death of his brother, the petitioner submitted an application for compassionate appointment in the prescribed format and within the stipulated time. However, the District Education Officer, without proper application of mind and by mechanically relying on the State’s circulars dated 23.02.2019 and 14.06.2013, rejected the application solely on the ground that the petitioner’s parents were deceased, despite the fact that such a condition does not find mention in the applicable policies. A plain reading of clause 6 of the compassionate appointment policies clearly indicates that in the case of an unmarried Government servant, the brother may be considered for compassionate appointment, and the requirement of recommendation by the parents arises only if they are alive; nowhere do the policies state that compassionate appointment cannot be granted when the parents are no longer living. Aggrieved by the arbitrary rejection of his claim, the petitioner has approached this Court by way of the present petition.

3. Learned counsel for the petitioner submits that the impugned order dated 20.02.2023 is illegal, arbitrary, unreasonable and discriminatory, thereby violating Articles 14 and 21 of the Constitution of India. It is contended that the petitioner’s brother, Late Shri Amit Kumar Pandey, who was serving as a Peon in Government H.S. School, Rajamohgaon under the respondent department, expired in harness on 25.06.2022, leaving the petitioner completely dependent upon him, as the deceased was unmarried, the parents of the petitioner had already expired, and the petitioner himself is also unmarried. In these circumstances, the petitioner duly submitted his application for compassionate appointment within the prescribed time and in the prescribed format. However, the District Education Officer mechanically rejected the application solely on the ground that the petitioner’s parents are no longer alive, despite the fact that such a condition does not exist in the State’s circulars dated 23.02.2019 and 14.06.2013. Learned counsel submits that Clause 6 of the said policies clearly provides that where the deceased employee is unmarried, his brother may be considered for compassionate appointment, and