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2026 Supreme(Online)(Chh) 12048

2026:CGHC:13623-DB


NAFR


HIGH COURT OF CHHATTISGARH AT BILASPUR


WA No. 245 of 2026


1 - Nijesh Chauhan S/o Late Basant Chauhan Aged About 22 Years R/o Mukhya Basti, Karrajor, Sarsmal, Tadola, District Raigarh (C.G.) ... appellant(s)


versus


1 - State Of Chhattisgarh Through The Secretary, Tribal And Schedule Caste Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District Raipur (C.G.)


2 - The Commissioner Tribal And Schedule Caste Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District Raipur (C.G.)


3 - District Education Officer Gharghoda, District Raigarh (C.G.)


4 - Block Education Officer Gharghoda, District Raigarh (C.G.) ... Respondent(s)


For appellant (s) : Mr. Sumit Singh Rathore, Advocate


For Respondent(s) : Mr. Prasoon Bhadhuri, Dy. A.G.


Hon'ble Shri Ramesh Sinha, Chief Justice


Hon'ble Shri Ravindra Kumar Agrawal, Judge


Order on Board


Per Ramesh Sinha, Chief Justice


23.03.2026

1. Heard Mr. Sumit Kumar Rathore, Advocate, appearing for the learned counsel for the appellant as well as Mr. Prasoon Bhaduri, Dy. Advocate General for the Respondent/ State.

2. The present writ appeal has been filed by the writ appellant against the order dated 22.01.2026 passed by learned Single Judge in WPS No. 2604/2023 whereby the writ petition filed by the writ petitioner for grant of compassionate appointment has been rejected. Thereafter, the writ appellant prefer the instant appeal before this Hon'ble Court with the following prayer:-

“10.1 That, this Hon'ble Court may kindly be please to set aside the impugned order dated 22-01-2028 (Annexure P-1) passed by Hon'ble Single bench of this Hon'ble High Court in WP(S) No.2604/2023, in the interest of justice.

10.2 That, this Hon'ble Court may kindly be please to issue appropriate writ/order/direction to the respondent authority to grant of compassionate appointment to the petitioner.

10.3 That this court may kindly direct the respondent authority to pay appropriate compensation for the hardship suffered by the petitioner and his family due to the delay caused by the respondent authority.

10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.”

3. The brief facts of the case are that the father of the petitioner was working as a Circle Coordinator at Gharghoda, District Raigarh (C.G.), and died on 19.02.2005 during service, leaving behind his widow, the petitioner (son), and a daughter. At the time of his father’s death, the petitioner was a minor, and his mother sought compassionate appointment for him upon attaining majority; however, no proper guidance was provided by the authorities. A dispute arose between the two wives of the deceased employee regarding entitlement, which led to filing of a civil suit that was ultimately resolved by compromise on 01.02.2019. Thereafter, upon attaining majority, the petitioner applied for compassionate appointment on 12.06.2019, but his claim was rejected on 06.03.2020 on the ground of delay. The petitioner challenged the rejection before the High Court, which directed reconsideration of his claim; however, his representation was again rejected on 16.03.2023. Subsequently, the petitioner filed another writ petition, which came to be dismissed by the learned Single Judge vide order dated 22.01.2026. Aggrieved by the same, the petitioner has preferred the present writ appeal.

4. It is most respectfully submitted on behalf of the appellant that the impugned order dated 22.01.2023 passed by the learned Single Judge in WP(S) No. 2604/2023 is arbitrary, illegal, and unsustainable in the eyes of law, and is therefore liable to be set aside. The rejection of the appellant’s claim on the ground of delay is wholly unjustified, as the delay was bona fide and occurred due to circumstances beyond the appellant’s control, including his minority at the time of his father’s death and the interse dispute between the two wives of the deceased employee, which was subsequently resolved. The appellant, upon attaining majority, promptly applied for compassionate appointment, and his mother had earlier duly informed the authorities and expressed her inability to seek employment due to ill health and limited education, while requesting consideration of her son’s claim. Despite this, the respondent authorities failed to provide proper guidance regarding the procedure and continued to delay the matter, even though the appellant and his mother made repeated representations. It is further submitted that the appellant’s family is in severe financial distress, having lost the sole breadwinner, and has not received any monetary benefit in lieu of compassionate appointment. The learned Single Judge failed to properly appreciate these material facts and also overlooked the provisions of the Chhattisgarh Compassionate Appointment Notification dated 23.02.2019, thereby renderi

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