##PAGE1##

1

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 831 of 2016

Ku. Neha Hindwani D/o Late Shri Goudhan Hindwani, Aged About 20 Years

R/o Collector Colony Kawardha Presently R/o At In Front Of Makhanlal

Chatruvedi School, Dayal Chal Gurunanak Ward, Kawardha Tahsil

Kawardha, District Kawardha Madhya Pradesh, Madhya Pradesh

... Petitioner

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue,

Mahanadi Bhawan, New Raipur, Chhattisgarh, Chhattisgarh

2 - The Collector, Kabirdham, Distirct Kabirdham Chhattisgarh, District :

Kawardha (Kabirdham), Chhattisgarh

3 - Tahsildar, Tahsil Pandariya, District Kabirdham Chhattisgarh, District :

Kawardha (Kabirdham), Chhattisgarh

... Respondents

(Cause title taken from Case Information System)

For Petitioner : Ku. Neha Hindwani (In-person)

For Respondents/State : Mr. Ghanshyam Kashyap, Deputy G.A. and

Ms. Richa Sahu, Panel Lawyer

VED

PRAKASH

DEWANGAN Hon'ble Shri Justice Ravindra Kumar Agrawal

Digitally signed Order on Board

by VED

PRAKASH

DEWANGAN

Date: 2026.05.07

19:51:53 +0530

2

04/05/2026

1. The present writ petition under Articles 226/227 of the Constitution of

India has been preferred by the petitioner calling in question the

legality, validity and propriety of the order dated 15.06.2015

(Annexure P-1) passed by the Collector, District Kabirdham (C.G.),

whereby the application submitted by the petitioner for grant of

compassionate appointment has been rejected, and prayed for the

following reliefs:

“10.1 That, this Hon’ble Court may kindly be

pleased to set-aside the Annexure P-1 and kindly

direct the respondent authorities for reconsidering

the case of the petitioner for grant of

compassionate appointment.

10.2 The Hon’ble Court may kindly be pleased to

grant any other ancillary relief, as it may deem fit

and proper in the facts and circumstances of the

case.”

2. The facts, in brief, are that the father of the petitioner was working as

Assistant Grade-II in the establishment section of Tahsil Pandariya,

District Kabirdham, and died in harness on 19.05.2010. It is the case

of the petitioner that she is the sole legal heir of the deceased

employee and, due to the untimely death of her father, the family fell

into financial distress. The petitioner submits that being dependent

upon the deceased employee, she became entitled to seek

compassionate appointment in accordance with the prevailing policy

of the State Government.

3

******* It is further the case of the petitioner that after attaining

majority, she submitted an application on 13.08.2014 seeking

compassionate appointment; however, the same has been rejected by

the Collector, District Kabirdham vide impugned order dated

15.06.2015 on the ground that Compassionate Appointment Policy

dated 10.06.2003 would be applicable in the case of the petitioner

and there was no provision in the policy dated 10.06.2003 for

providing compassionate appointment to the minor member of the

family after attaining age of majority. Being aggrieved by the said

rejection, the petitioner has approached this Court by way of the

present writ petition.

3. By way of covering memo dated 11.03.2016, she filed certain

documents, which goes to show that earlier, the mother of the

petitioner had made her application for compassionate appointment

on 02.11.2012, which was forwarded by the Collector, Kabirdham to

Tahsildar, Pandariya for further action. The Tahsildar, Pandariya,

recommended that since the mother of the petitioner Smt. Asha

Hindwani had already divorced by the deceased employee vide

judgment dated 21.06.2006 passed in Civil Suit No. 6-A/2006, she

can not be given compassionate appointment. Based on the

recommendation, the application of the mother of the petitioner Smt.

Asha Hindwani was rejected on 30.01.2013.

******* Thereafter the mother of the petitioner moved another

application on 23.04.2013 for grant of compassionate appointment to

the petitioner, who was minor on that day and 17 years of age. Due to

her minority, she was not recommended for compassionate

4

appoint