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2026 Supreme(Online)(Chh) 12351

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
Kiran Krashan – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 2649 of 2026



Advocates:
For the Appellants/Petitioners: Ruchi Nagar
For the Respondents: Vivek Verma, Mayank Chandrakar

Compassionate appointment is not a fundamental right but a policy-driven exception to provide immediate financial relief, and courts cannot direct appointments contrary to or by rewriting the established statutory or government policy criteria.

Headnote:(A) Services Law - Compassionate Appointment - Rejection of application - Petitioner's father died in harness - Application for compassionate appointment rejected on the ground that petitioner's brother is already in Government service as an Assistant Sub-Inspector in terms of Circular dated 11.04.2018 - Challenge against rejection - Whether the policy clause barring appointment when another family member is in service is valid - Held, compassionate appointment is not a matter of right but a social scheme to tide over sudden financial crisis, to be granted strictly in accordance with policy - Court cannot rewrite policy or direct consideration dehors the terms - Rejection consistent with policy upheld. (Paras 6, 7, 13, 14)

Facts of the case:
The petitioner, a married daughter of a deceased employee, sought compassionate appointment following her father's death. The claim was rejected by the authorities citing Clause 6(1) of the Government Circular dated 11.04.2018, as her brother was already gainfully employed as an Assistant Sub-Inspector in the government service.

Findings of Court:
The court found that the rejection was strictly in accordance with the existing government policy and that the judiciary cannot override clear terms of such policy under Article 226 of the Constitution.

Issues: Whether the rejection of the compassionate appointment claim solely based on the employment of the brother is arbitrary and whether the petitioner is entitled to the appointment despite the policy restriction.

Ratio Decidendi: Compassionate appointment is a restricted exception to the general rule of open recruitment, intended only to provide immediate financial relief to a family in crisis. When the policy explicitly denies such appointment if another family member is employed, the authority is bound to apply that provision as it stands, and the court cannot interfere or dilute the policy criteria.

Result: Petition dismissed.

Table of Content
1. dispute over denial of compassionate appointment when a family member is already employed. (Para 1 , 2 , 3 , 4)
2. court's power of judicial review is restricted to verifying consistency with the governing policy. (Para 5 , 6 , 7)
3. compassionate appointment is a limited exception subject to strict adherence to policy criteria. (Para 8 , 9 , 10 , 11 , 12)
4. judicial intervention is declined where rejection aligns with the established state policy. (Para 13 , 14 , 15 , 16)

1. Petitioner has filed this writ petition aggrieved by the decision of Respondent No. 3 rejecting the claim of petitioner for grant of compassionate appointment vide impugned letter dated 27.03.2025.

2. As per case of petitioner, father of petitioner late Hriday Ram Rawte, who was permanent employee and working as Line Category-I under respondents No.2 to 4, died in harness on 08.06.2022. Petitioner is married daughter of late Hriday Ram Rawte, who married to Devendra Kumar Krashanin in the year 2017 and due to matrimonial discord, she was residing with her father since 2019 and she was fully dependent upon her father. After death of her father, petitioner submitted an application for grant of compassionate appointment on 05.03.2025 in the prescribed format along with relevant documents, which was rejected vide order impugned (Annexuer P-1) observing that her brother namely Arun Kumar is already in Government service working as Assistant Sub-Inspector, therefore according to clause 6 (1) of Circular dated 11.04.2018, petitioner is not entitled for grant of compassionate appointment. Aggrieved by the rejection of her application for grant of compassionate appointment, this writ is filed seeking following reliefs.

“10.1 To issue writ/order/direction of appropriate nature quashing the impugned order communication/letter dated 27.03.2025 (Annexure P-1), since the same is arbitrary and illegal.

10.2 To issue writ/order/direction of appropriate nature commanding the respondent No.2 to 4, to grant compassionate appointment to the petitioner.

10.3 Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may kindly be granted.

3. Learned counsel for petitioner submits that the action on the part of respondents authorities while rejecting the claim of petitioner for grant of compassionate appointment is arbitrary and erroneous. It is contended the respondent authority failed to appreciate this fact that brother of petitioner is having his own family and is residing separately. It is further contended that father of petitioner was taking care of the petitioner and his mother and other family members and after his death, petitioner and her mother are suffering from financial crises and are unable to maintain themselves.

4. Learned counsel for respondents opposing the submission of learned counsel for petitioner would submit that clause 6 (i) of the Circular is inserted under the policy for grant of compassionate appointment with some purpose. The scheme of compassionate appointment is a social scheme to protect the family members of the deceased employee from sudden financial crisis due to untimely demise of the only bread-winner. There is no error in rejecting the application of petitioner for grant of compassionate appointment because one of her brother is already in Government employment, hence, petitioner is not entitled for grant of compassionate appointment.

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

6. From perusal of documents available on record would show that father of petitioner died in harness on 08.06.2022 and petitioner thereafter submitted an application for grant of compassionate appointment on 05.03.2025. Along with the writ petition, petitioner has filed the death certificate and consent letter in form of affidavit of family members. On the date of submission of application, consolidated guidelines/ Circular issued by the State Government

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