Digitally signed 2025:CGHC:55947 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8607 of 2023

1 - Devesh Kumar S/o Late Netram Bharti Aged About 32 Years R/o 7th Battalion, C.A.F. Line, Quarter No. U/6, Bhilai, District : Durg, Chhattisgarh

2 - Smt. Revati Bharti W/o Late Netram Bharti Aged About 48 Years R/o 7th Battalion, C.A.F. Line, Quarter No. U/6, Bhilai, District : Durg, Chhattisgarh .. Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

2 - Director General Of Police Police Head Quarter Atal Nagar, Raipur, District :

Raipur, Chhattisgarh

3 - Deputy Inspector General Of Police Centre Zone Police Head Quarter Raipur, District : Raipur, Chhattisgarh

4 - Commandant 7th Battalion Chhattisgarh Armed Force Bhilai, District : Durg, Chhattisgarh ... Respondent(s)

(Cause title is taken from Case Information System)

For Petitioner : Mr. Vinod Kumar Sharma, Advocate For State : Mr. Rahul Tamaskar, Government Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge

Order on Board

17/11/2025

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

“10.i) That, this Hon'ble Court may kindly be pleased to quash impugned orders dated 29.03.2023 and dated 10.10.2023 (Annexure P-1) and order dated 22.07.2022 (Annexure P-2) and direct the respondent authority to consider and compassionate appointment grant within stipulated period, in the interest of justice.

10.ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

2. Facts of the case, in a nutshell, are that the petitioner no. 2, Smt. Revati Bharti, is the widow of late Constable Trade Man (CTM) Netram Bharti, who was employed under the 7^th Battalion and passed away in harness on 25^th January 2021. At the time of his death, the deceased left behind his wife (petitioner no. 2), his son, Devesh Bharti (petitioner no. 1), his other son, Mukesh Bharti, his daughter-in-law, and two granddaughters, all of whom were wholly dependent on him. On 9^th March 2021, petitioner no. 1, Devesh Bharti, submitted an application for compassionate appointment to the relevant authorities. Subsequently, the application was forwarded to the Director General of Police (DIG) on 15^th July 2021, but no action was taken for an extended period. Reminders were sent by the petitioner on 22^nd June 2022 and 28^th June 2022. On 7^th July 2022, the Commandant of the concerned battalion sent another reminder to the DIG for the consideration of the application for compassionate appointment (Annexure P-6). However, on 22^nd July 2022, the petitioner was informed that the application had been rejected because one of the deceased's sons, Mukesh Bharti, was already employed in the police department. In response to the rejection, the petitioner submitted further applications on 4^th August 2022 and 8^th August 2022, clarifying that at the time of the deceased’s death on 25^th January 2021 and at the time of the application for compassionate appointment on 9^th March 2021, Mukesh Bharti was not employed in any Government position. He had only secured a Government job on 2^nd July 2021, six months after the death of his father. The petitioner argued that, as per the compassionate appointment policy, since Mukesh Bharti was not employed at the time of his father’s death, petitioner no. 1, Devesh Bharti, should be eligible for compassionate appointment. These applications were forwarded by the Commandant to the higher authorities on 5^th and 16^th August 2022. Additionally, the petitioner submitted a copy of Mukesh Bharti's Government appointment certificate (Annexure P-9). The petitioner also submitted affidavits/consent letters from the family members, including Mukesh Bharti, affirming that they had no objection to the appointment of Devesh Bharti and that Mukesh Bharti was living separately and not financially supporting the family (Annexur