Compassionate appointment should not be denied on mechanical grounds, such as expired relaxation periods or past involvement in criminal cases where the applicant was acquitted, as the primary objective is to alleviate the immediate financial distress of a deceased employee's family.

C A V Order

1. By way of this petition, the petitioners have prayed for following reliefs:-

“(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal.

(ii) That the Hon'ble Court may kindly be pleased to give compassionate appointment and joining to the petitioner No.2 Apoorv Rangi on the post of ASI (Ministerial) in compliance of earlier order dated 16.09.2021 passed by respondent No.2 DGP PHQ Raipur (Annexure P/4).

(iii) That the Hon'ble Court may kindly be pleased to direct respondent authority to give full salary and other consequential benefits to the petitioner No.2 on the post of ASI (M) for which the petitioner No.2 is entitled for.

(iv) That this Hon'ble Court may kindly be pleased to give suitable compensation to the petitioners for the mental trauma and agony, harassment and hardships suffered by them as also cost of the litigation.”

2. Brief facts of the case are that the petitioners have approached this Hon’ble Court seeking indulgence for enforcement and compliance of the order dated 16.09.2021 passed by respondent No. 2, Director General of Police, Police Headquarters, Raipur, regarding grant of compassionate appointment. The husband of petitioner No. 1 and father of petitioner No. 2, namely Late Jitendra Singh Rangi, was serving as an Inspector in the Crime Investigation Department (C.I.D.), PHQ, Raipur, and unfortunately died in harness on 14.12.2019, leaving the family in financial distress. Thereafter, petitioner No. 2 submitted an application dated 16.06.2020 seeking compassionate appointment, and petitioner No. 1, being his mother, also submitted an application supporting and requesting appointment of petitioner No. 2 on compassionate grounds. Pursuant to consideration of the said applications, an appointment order dated 16.09.2021 was issued in favour of petitioner No. 2 by the DGP, PHQ, Raipur, and consequential steps were undertaken, including issuance of a letter to the Chief Medical Officer, Raipur, for medical examination of petitioner No. 2. He was further directed to obtain a character verification certificate for the post of Assistant Sub-Inspector (M), and a duly constituted committee conducted his physical measurement examination for the said post. A medical certificate was also issued declaring him fit and eligible in all respects, however, despite completion of all requisite formalities and fulfillment of prescribed conditions, the petitioners submit that no formal appointment has been granted to petitioner No. 2 till date, compelling them to file the present petition seeking appropriate relief.

3. Learned counsel for the petitioners submits that once the concerned Director General of Police duly approved the appointment of petitioner No. 2 for grant of compassionate appointment vide letter dated 16.09.2021, and pursuant to such approval petitioner No. 2 has already undergone the requisite physical examination and character verification for the post of Assistant Sub-Inspector (Ministerial) [ASI (M)], the continued failure of the respondents to issue the appointment order is wholly illegal, arbitrary and unsustainable in law. It is further contended that several similarly situated candidates have already been granted compassionate appointment to the post o