Compassionate appointment is an exception to recruitment rules intended only for families of employees who 'die in harness' (in active service); it cannot be granted if an employee had already taken voluntary retirement prior to their death.

C A V Order

1. Petitioner by way of this Writ Petition has called in question the order dated 23.12.2022 (Annexure P/1) passed by the Respondent No.2 whereby, application of the petitioner for grant of compassionate appointment due to death of his mother namely Mrinalini Mishra (for short "deceased employee") has been dismissed.

2. Petitioner has sought following reliefs:-

10.1 A writ and/or an order in the nature of appropriate writ quashing the order dated 23.12.2022 passed by the respondent state authorities.

10.2 A writ and/or an order in the nature of appropriate writ directing the respondent state authorities to grant the petitioner compassionate appointment within such time frame as this Hon'ble Court may deem fit in the facts and circumstances of the case.

10.3 Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case.

10.4 Cost of the petition may also be awarded.

3. Case as projected by the petitioner is like that he is the adopted son of Late Mrs. Mrinalini Mishra and prior to that a proud citizen of India and having thus granted all the fundamental rights guaranteed under the constitution of India. It is submitted that the petitioner has been adopted by Late Smt. Mrinalini Mishra on 15.08.2000 as per the custom prevailing in their caste and thereafter in the year 2008 a formal affidavit has been executed between the parties affirming that the adoption has been made lawfully and the same was then recorded in the service records of the petitioner's mother in the year 2008 itself and there is no dispute with regard to the adoption of the petitioner from any of the parties. However as per the requirement of law on 03.04.2018 a registered deed of adoption has been made and duly registered as per law. It is submitted that the petitioner's mother Late Mrs. Mrinalini Mishra was posted as Assistant Grade-3 in the Rural Engineering Services, Khairagarh District Rajnandgaon C.G. and she had unblemished carrier all along without there being any complaint or misconduct on her part but due to medical reasons, the petitioner's mother on 04.11.2016 applied for Voluntary retirement of her services. The petitioner says and submit that even before the decision on the VRS Application could be taken by the respondent Authority the said Smt. Mrinalini on 09.01.2017 gave an application for revocation of the Voluntary retirement of her services opted by her as her medical issues were treated and she was fit to work but the same was not acted upon by the then Executive Engineer and the same was forwarded to the office of Chief Engineer, Rural Engineering Services, Civil Lines, Raipur, C.G. after a delay of 30 months i.e., on 06.05.2019. The petitioner says and submits that even before any action could have been taken upon the application for voluntary retirement an application as aforesaid for revocation was made by Smt. Mrinalini however ignoring the said application which was kept pending for almost 30 months the same was acted upon after inordinate delay by the respondent state authorities and vide their Order dated 11.09.2017 accepted the said application for retirement. It is submitted that the petitioner's mother expired on 08.05.2018 thus, the application for revocation of retirement of the petitioner's mother was forwarded by the Executive Engineer after her death i.e, on 06.05.2019 and hence, no actions whatsoever was taken by the respondent state authorities on the said application till the death of the petitioner's mother. It is submitted that the Executive E