Order On Board

1) Petitioner has filed this petition seeking following reliefs:-

10.1 That this Hon'ble court may kindly be pleased to quash the impugned order dated 25.06.2021 (P/9) passed by respondent no. 5 and be pleased to direct the respondents to grant compassionate appointment to the petitioner forthwith.

10.2 This Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter.

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.

2) Facts of present case are that elder brother of petitioner namely Aditya Singh Parihar, who was working on the post of Assistant Teacher (Panchayat) died in harness on 18.2.2018. Petitioner moved application for grant of compassionate appointment on 10.4.2018 and same was rejected by CEO, Zila Panchayat Kabirdham vide order dated 25.6.2021 stating that in absence of requisite qualifications, petitioner cannot be appointed as Assistant Teacher (Panchayat) on compassionate basis.

3) Learned counsel for the petitioner submits that a circular was issued by the respondent department for grant of compassionate appointment on 7.2.2014 and according to it, the dependent of a deceased Teacher (Panchayat) may be appointed against sanctioned and vacant post of Assistant Teacher (Panchayat), if such dependent fulfills the eligibility criteria. He further submits that subsequently, a circular was issued on 8.1.2016 wherein it was held that in absence of requisite qualification for the post of Assistant Teacher (Panchayat), the dependent may be appointed against the sanctioned and vacant post of Secretary Gram Panchayat. He contends that circular dated 8.1.2016 was withdrawn vide order dated 28.6.2017 and at present there is no policy for grant of compassionate appointment for the dependents of deceased Teacher (Panchayat). He further contends that respondent authorities ought to have consider the name of petitioner for appointment on any sanctioned and vacant Class-IV post on compassionate basis. He prays to set aside the order impugned.

4) On the other hand learned counsel appearing for the respondents would oppose. They submit that petitioner was lacking the requisite qualification required for appointment to the post of Assistant Teacher (Panchayat), therefore his application was rejected. They further submit that there is no provision to offer appointment to a dependent of deceased Teacher (Panchayat) against Class-IV post, therefore this petition deserves to be dismissed.

5) I have heard learned counsel for the parties and perused the documents placed on record.

6) Admittedly, the claim of petitioner has been rejected on the ground that on the date of consideration, petitioner was not possessing the requisite qualification for the post of Assistant Teacher (Panchayat). Subsequently, the policy changed and dependents were offered appointment on the post of Secretary Gram Panchayat. However, said circular was withdrawn by the State Government vide order dated 28.6.2017.

7) Present is a case where petitioner has been declined compassionate appointment on the ground that on the date of consideration, he was lacking the requisite qualification for appointment to the post of Assistant Teacher (Panchayat). In my opinion, such reasoning appears to be unreasonable and arbitrary. In view of the aforesaid discussion, the order dated 25.6.2021 is hereby quashed and this petition stands allowed

8) Respondent authorities are directed to consider the case of the petitioner for grant of compassionate appointment against sanctioned and vacant Class-IV post. It is expected that respondent authorities shall complete the entire exercise within period of four months from the date of receipt of copy of this order.