Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the face of the record and cannot be invoked to rehear a matter or allow a party to fill evidentiary lacunae caused by their own lack of diligence during the initial hearing.

Judgment on Board

Per Ramesh Sinha, Chief Justice

1 Heard Mr. Anirrudha Shrivastava, learned counsel for the appellant. Also heard Mr. Soumya Rai, learned Deputy Government Advocate, appearing for State/respondents No.1 & 3 as well as Mr. Rajeev Shrivastava, learned Senior Counsel assisted by Ms. Isha Rajak, learned counsel appearing for respondent No.2.

2 By way of this writ appeal, appellant has prayed for following relief(s):-

“i. That, the Hon'ble Court may kindly be pleased to call for the records pertaining to the case of the present Appellant/Petitioner for its kind perusal.

ii. That, the Hon'ble Court may kindly be pleased to allow the Appellant/Petitioner's writ appeal and set-aside the impugned order dated 31/01/2026 passed by the Single Bench of this Hon'ble Court in REVP No. 312/2025, in the interest of justice.

iii. That, the Hon'ble Court may direct the Respondents to kindly provide the Appellant/Petitioner appointment on compassionate grounds as provided to the other similarly situated dependents of the deceased employees, in furtherance of justice.

iv. Any other relief which this Hon'ble Court deems fit and proper in the case may also be granted.”

3 The present intra Court appeal has been filed against the order dated 31.01.2026 passed by the learned Single Judge in REVP No.312/2025 (Basanti Kushwaha v. State of Chhattisgarh and others), whereby the learned Single Judge had allowed the review petition and recalled the order dated 11.04.2025 passed in WPS No.2480/2025 preferred by the appellant/writ petitioner.

4 Brief facts of the case as projected before the learned Single Judge that the father of the appellant/writ petitioner was working on the post of Peon (Food Branch) in the Office of Collector, Korba, on deputation, though he was substantively an employee of the Chhattisgarh Infrastructure Development Corporation (CIDC). During the subsistence of his service, he died in harness on 25.01.2020. It was further pleaded that the appellant/writ petitioner, being a dependent of the deceased employee, submitted a representation dated 29.06.2020 before the Collector, Korba as well as the Managing Director, CIDC, seeking compassionate appointment, along with all requisite documents including educational certificates and the death certificate of his father. The said application was duly forwarded by the Collector (Food Branch), Korba to the Managing Director, CIDC on 28.08.2020 for necessary action.

5 Subsequently, the Collector’s office, by communication dated 04.12.2020, indicated that as per the then prevailing circular dated 19.07.2011 issued by the General Administration Department, the dependent of a deceased employee of the dissolved Transport Corporation (under CIDC) could be considered for appointment only on the post of Shiksha Karmi Grade-III, and accordingly, the matter was processed in terms thereof. Thereafter, the Chief Executive Officer, Janpad Panchayat, Korba, by letter dated 03.02.2021, informed the appellant/writ petitioner that for appointment on the post of Assistant Teacher (Panchayat), certain minimum educational qualifications including D.Ed./B.L.Ed. and TET were mandatory. Since the appellant/writ petitioner did not possess the said qualifications, he was granted a period of three years from the date of death of his father, i.e., 25.01.2020, to acquire the requisite qualifications. During the pendency of his claim, the State Government issued a communication dated 13.12.2022 clarifying that dependents of deceased employees of the dissolved State Transport Corporation could be granted compassionate appointment on any vacant regular Class-III or Class-IV post, including the post of Assistant Grade-III, thereby broadening the scope of consideration.

6 It was also brought to the notice of the learned Single Judge that the General Administration Department, by circular dated 06.10.2023, withdrew the earlier restriction imposed by circular dated 19.07.2011, thereby removin