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NIRMALA

RAO

2026:CGHC:22228

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 4482 of 2022

1 - Kesharlata Sahu D/o Hori Lal Sahu Aged About 30 Years R/o Silidih, Tehsil -

Bakhara, District : Dhamtari, Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, School Education Department,

Manralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar,raipur, District : Raipur,

Chhattisgarh

2 - The District Education Officer Dhamtari, District : Dhamtari, Chhattisgarh

... Respondent(s)

For Petitioner : Mr. Anadi Sharma, Advocate

For State : Mr. Anmol Sharma, P.L.

Hon’ble Shri Justice Rakesh Mohan Pandey

Judgment On Board

12.5.2026

1) The petitioner has filed this petition seeking the following reliefs:

“10.1 This Hon'ble Court may kindly be pleased to

direct the respondent authorities to quash the

letter/order dated: 26.07.2021 issued by the District

Education Officer, Dhamtari, (C.G.) (ANNEXURE P/1).

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10.2 That, this Hon'ble Court may kindly be pleased to

direct the respondent authority to set aside/quash the

rule 6 (a) of the Circular no. F 7-1/2019/1-3 dated:

23.02.2019 (ANNEXURE P/2).

10.3 This Hon'ble Court may kindly be pleased to direct

the respondent authorities to reconsider the

candidature of the petitioner for grant of compassionate

appointment in place of her father for the reasons

mentioned in the writ petition.

10.4 Any other relief, which this Hon'ble Court may

deem fit and proper, may also be awarded to the

petitioner including the cost of the petition.”

2) Learned counsel for the petitioner submits that father of petitioner,

namely, Hori Lal Sahu, who was working on the post of Lecturer,

Government Higher Secondary School, Biretara, Block Dhamtari,

District Dhamtari, died in harness on 9.2.2021. He further submits

that though, brother of the petitioner is a government employee,

he is residing separately for years and no financial assistance has

been extended by him. He contends that in view of the above

facts and circumstances, the petitioner duly applied for

compassionate appointment before the respondent authorities but

the District Education Officer, Dhamtari vide order dated

26.7.2021 rejected the application moved by petitioner. He further

contends that the respondent authorities ought to have considered

the case of petitioner as no financial assistance has been

extended by the brother of the petitioner. He prays that a direction

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may be issued to the respondent authorities to grant

compassionate appointment to the petitioner.

3) On the other hand, learned State counsel submits 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 file.

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:

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"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