Digitally signed 2026:CGHC:15900 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4593 of 2021

1 - Ku. Khushi Sarthi D/o Late Shri Lal Bahadur Sarthi Aged About 13 Years Minor Through Guardian Grand Mother Smt. Bhagwati Bai Sarthi W/o Late Shri Gangadhar Sarthi Aged About 52 Years R/o Naharpara Ward No. 06, Lailunga, Thana Lailunga District Raigarh Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Capital Complex, New Raipur District Raipur Chhattisgarh

2 - Additional Collector Raigarh District Raigarh Chhattisgarh

3 - District Education Officer Raigarh District Raigarh Chhattisgarh

4 - Sub Divisional Officer (Revenue) Lailunga District Raigarh Chhattisgarh

5 - Swarnlata Chouhan W/o Unknown Aged About 27 Years Progressive Computer Center, Second Floor, Near Budi Mai Mandir, Yojas Yog Mandir Raigarh Tahsil And District Raigarh Chhattisgarh

6 - Minor Pari D/o Swarnlata Chouhan Aged About 7 Years Through Natural Guardian Mother Swarnlata Chouhan R/o Progressive Computer Center, Second Floor, Near Budi Mai Mandir, Yojas Yog Mandir Raigarh Tahsil And District Raigarh Chhattisgarh ... Respondent(s)

(Caust-title is taken from Case Information System)

For Petitioner : Mr. Rajendra Patel, Advocate holding brief on behalf of Mr. Sunil Sahu, Advocate For State : Mr. Arpit Agrawal, Panel Lawyer For Resp. No. : Mr. Utkarsh Shrivas, Advocate holding 5 & 6 brief on behalf of Mr. Somkant Verma, Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

07/04/2026

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the Impugned order dated 24.08.2021 (Annexure P-1) passed by the respondent no.2.

10.2 That this Hon'ble court may kindly be please to issue an appropriate writ by directing the respondent No. 3 to 4 to not provide any amount in favor of the respondent No. 5.

10.3 That the respondents may kindly be directed to consider and decide the representation of petitioner.

10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”

2. Facts of the case, in brief, are that the petitioner, a minor citizen of India, has instituted the present petition through her grandmother, who is her lawful guardian and caretaker. Following the demise of the petitioner’s father, she is wholly dependent upon her grandmother for her livelihood and upbringing. The petitioner’s grandfather, Late Shri Gangadhar Sarthi, was employed as a Head Master and died in harness on 28.03.2010. Thereafter, the petitioner’s father, Shri Lal Bahadur Sarthi, applied for compassionate appointment with due consent of the family, including Smt. Bhagwati Bai. The competent department considered his application and granted him appointment to the post of Assistant Grade-II in the Education Department vide order dated 03.11.2011. During his service tenure, the petitioner’s father duly nominated the petitioner as his nominee in official service records. The said nomination was consistently reflected in all relevant documents, including the nomination forms submitted by him in February 2020, thereby recognizing the petitioner as the rightful beneficiary of his service benefits. Subsequently, Shri Lal Bahadur Sarthi fell ill and was admitted to the Community Health Centre, Lailunga, where he succumbed to his illness on 12.04.2020. After his demise, the department released an amount of Rs. 50,000/- as immediate financial assistance to the bereaved family, which was received through the petitioner’s grandmother. After the death of the petitioner’s father, respondent No. 5 surfaced and claimed herself to be the second wife of the deceased. She filed an application dated 26.02.2021 before the competent authority seeking issuance of a succession certificate and also applied for compassionate appointment. The petitioner contends that responden