NAFR Digitally VISHAKHA signed by BEOHAR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR WPS No. 9050 of 2023

1 - Mordhwaj Sidar S/o Late Balram Sidar Aged About 18 Years Caste Gond, R/o Masniyankala Village, Tahsil And P.S. Sakti, District : Sakti, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Education Department, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh. 2 - The Director Education Department, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh. 3 - The Collector District- Sakti, Chhattisgarh 4 - The District Education Officer District- Sakti, Chhattisgarh

5 - The Block Education Officer District- Sakti, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mrs. Renu Kochar, Advocate For State :- Mr. Arpit Agrawal, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

20.02.2026

1. By way of this petition, the petitioner is challenging the arbitrary and illegal action of the respondent authorities in rejecting his claim for compassionate appointment after the death of his father while in service. The petitioner had submitted an application seeking compassionate appointment; however, Respondent No. 5, by letter dated 07.08.2023, rejected the same solely on the ground of delay. At the time of death of his father, the petitioner was a minor and studying in primary school, and his mother is old, illiterate, and unaware of the relevant rules and procedures, due to which the application could not be submitted earlier. The impugned rejection, without considering the bona fide reasons and the object of compassionate appointment, is arbitrary, unreasonable, and unsustainable in the eyes of law, hence the present petition.

2. The petitioner in the present writ petition has prayed for following reliefs:-

“10.1 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari and quash Annexure P/1 in the interest of justice.

10.2 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing respondent authorities to give compassionate appointment to petitioner

10.3 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.”

3. Briefly stated, the facts of the case are that the father of the petitioner, Late Balram Sidar, was working as Pradhan Pathak at Government Secondary School, Keribandha, Development Block Sakti, District Sakti, Chhattisgarh, and died in harness on 15.05.2013, leaving behind his minor son and two wives, as evidenced by the death certificate and service record. At the time of his father’s death, the petitioner was a minor and studying in primary school, and both the petitioner and his mothers, being old and illiterate, had no knowledge of the rules governing compassionate appointment. Upon attaining majority, the petitioner, who has passed the Class 10th examination and is the only legitimate child of the deceased employee, submitted an application for compassionate appointment on 13.12.2022 along with all requisite documents. However, the respondent authorities rejected the petitioner’s claim solely on the ground of delay by impugned order dated 07.08.2023 (Annexure P/1), without considering that the petitioner became eligible only in the year 2022 and, therefore, the provisions of Rule 15(2) and Rule 16 of the Chhattisgarh General Department Rules are not applicable to the present case.

4. Learned counsel for the petitioner submits that the impugned action of the respondent authorities in denying compassionate appointment is illegal, arbitrary, unreasonable and contrary to the very object and scheme of compassionate appointment. It is contended