Order on Board

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1 That, this Hon’ble Court may kindly be pleased to set aside the order dated 23.11.2020, simultaneously may set- aside/quash the order dated 27.11.2020 and also direct the respondent authorities to consider the case of the petitioner and grant him appointment on compassionate grounds.

10.2 That, the impugned policy dated 23.02.2019 and 29.08.2016 to the extent of total exclusion of members of family of the deceased employee for granting compassionate appointment, if already another member is employee as government servant without considering the dependency factor may be declared as illegal and arbitrary and consequently be quashed.

10.3 Any other relief in the discretion of this Hon’ble Court.”

2. Learned counsel for the petitioner submits that father of petitioner, namely, Jawaharlal Chandravashi who was working on the post of Head Constable in Police Department died in harness on 10.04.2019. He further submits that though, elder brother of petitioner namely Ranchandra Chandravanshi is a government employee in Police Department, he is residing separately for years and no financial assistance has been extended by the brother. He contends that in view of the above facts and circumstances, petitioner duly applied for compassionate appointment before the respondent authorities but the respondent No.-3 and 4 vide letters/orders dated 23.11.2020 and dated 27.11.2020 rejected the application moved by petitioner. He further contends that respondent authorities ought to have considered the case of petitioner as no financial assistance has been extended by the brother to petitioner and his grandmother. He prays that a direction may be issued to respondent authorities to grant compassionate appointment to the petitioner.

3. On the other hand, learned learned Additional Advocate General appearing for the State/respondents would submit that as per Clause 6A of the policy dated 29.08.2016 issued by the General Administration Department, Government of Chhattisgarh, if any family member of the deceased government servant is already employed in government service, no other family member is eligible for compassionate appointment. He has relied on the judgment passed in Writ Appeal No. 33 of 2022, State of Chhattisgarh v. Muniya Bai, wherein the Hon’ble Division Bench has categorically held that the policy does not envisage any inquiry into the financial condition of other family members, and eligibility is to be strictly decided as per the terms of the policy.

4. I have heard learned counsel for the parties and perused the documents placed in the instant petition.

5. In the matter of Muniya Bai (supra), the Hon’ble Division Bench, while interpreting Clause 6A of the policy governing compassionate appointments, has clearly held that if any member of the family of a deceased government servant is already in government service, no other member of the family is eligible for a compassionate appointment. Further an inquiry into the financial condition of dependents is not envisaged in the policy. Therefore, no such direction can be issued. The relevant portion is reproduced herein below:

"13. Clause 6A of the Scheme reads as follows: "6A. In the family of the deceased married government servant, if any other member of the family is already in government service, then the other member of the family will not be eligible for compassionate appointment. Explanation. Dependents of the family of deceased married and unmarried government servant shall include the following members: A) In case of married government servant - Dependent mother, dependent parents, widow/widower, son and daughter (including adopted son/daughter, widow/ divorced daughter) and daughter in law. B) In case of unmarried government servant (or widower having no son/daughter) mother, brother and sister."

15. A perusal of clause 5 of the Scheme would go to show that it does not envisage that