NADIM MOHLE

2026:CGHC:13988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5841 of 2021 Chhatpal Yadav S/o Late Dayaram Yadav Aged About 37 Years R/o Village Lalpur (Machadoli), P. O. Bango Dam, Tehsil- Podi- Uproda, District Korba Chhattisgarh. ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya Nava Raipur, Atal Nagar, District Raipur Chhattisgarh.

2 - Engineer In Chief Office Of Engineer In Chief, Water Resources Department, Raipur Chhattisgarh.

3 - Chief Engineer Office Of Chief Engineer, Minimata Hasdeo Bango Project, Bilaspur Chhattisgarh.

4 - Superintending Engineer Office Of Superintending Engineer, Hasdeo Project Circle Wrd, Rampur/ Korba, District Korba Chhattisgarh.

5 - Sub Divisional Officer Office Of Sub- Divisional Officer, Minimata Bango Dam Division No. 11, (Wrd) Machadoli, District Korba Chhattisgarh. 6 - Executive Engineer Office Of Executive Engineer, Minimata Bango Dam Division No. 3, (Wrd) Machadoli, Tehsil- Podi- Uproda, District Korba Chhattisgarh. ... Respondent(s)

For Petitioner : Mr. Vinod Kumar Deshmukh, Advocate For State : Mr. Abhishek Singh, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

24/03/2026

1. The petitioner has filed this petition seeking the following relief:

“10.1. This Hon'ble Court be pleased to call for the entire record of the deceased employee as well as issuance of the impugned order for perusal of the status of the deceased employee at the time of his death as to whether he was working as a daily wages employee or as a permanent employee.

10.2. This Hon'ble Court be pleased to set order dated 08.04.2021/28.05.2021 issued by the respondent no. 3 i.e. Chief Engineer, Minimata Hadeo Bango Project, WRD Bilaspur (C.G.).

10.3. That, this Hon'ble Court be pleased to further direct the respondents authorities to consider the case of the petitioner for grant of compassionate appointment with all consequential benefit.

10.4. Any other relief as deemed fit by this Hon'ble Court.”

2. Brief facts of the present case are that the father of the petitioner namely Dayaram Yadav was working as a daily-rated employee under the respondents. He was initially appointed on 01.02.1984, and his services were stated to have been regularized with effect from 01.10.1995 on a basic pay of Rs. 447+D.A.. The father of the petitioner died in harness on 07.04.2004 and he had completed about more than 20 years of continuous service and had acquired the status of a permanent employee. The petitioner thereafter submitted an application for compassionate appointment on 31.01.2012 along with relevant documents. The said application was rejected vide orders dated 08.04.2021 and 28.05.2021 on the ground that dependents of daily wage employees are not entitled to compassionate appointment.

3. Learned counsel appearing for the petitioner would submit that the father of the petitioner was a regular employee with effect from 01.10.1995 and was receiving a regular pay scale along with allowances. He would further submit that the father of the deceased rendered long continuous service of about more than 20 years and had acquired the status of a permanent employee. He would also submit that that the petitioner is eligible and qualified for appointment and the respondent authorities ought to have considered his claim for compassionate appointment; thus, the impugned order (Annexure P-1), may be quashed.

4. On the other hand, learned State counsel would submit that the application for compassionate appointment was rightly rejected by the respondent authorities as father of the petitioner was a daily wage employee and, as per the applicable policy, dependents of such employees are not entitled to compassionate appointment. He would further submit that the application was filed after a delay of about eight years from the date of death of the petitioner’s father. He has placed reliance on the policy/circular dated 10.06.2003, particularly Cla