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2026 Supreme(Online)(Chh) 23911
HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
Igrees – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 5483 of 2022
For the Appellants/Petitioners: Badruddin Khan
For the Respondents: Amandeep Singh, Abhyuday Singh, Pavas Sharma
In disputes over compassionate appointment between family members involving contested consent letters, the competent authority must resolve the matter by providing a fair hearing and allowing parties to lead evidence to determine eligibility.
Headnote:(A) Compassionate Appointment - Dispute between family members - Where conflicting claims exist regarding the eligibility for compassionate appointment and the validity of a consent letter, the competent authority must decide the matter after affording a fair opportunity of hearing to all concerned parties. (Para 6)
(B) Doctrine of Estoppel - Consent for appointment - The operation of estoppel based on a contested consent letter in matters of compassionate appointment requires a factual determination and the leading of evidence before the deciding authority. (Para 4, 6)
Issues: Whether the petitioner is entitled to compassionate appointment in light of a disputed consent letter provided in favor of respondent No. 3.
| Table of Content |
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| 1. petitioner seeks compassionate appointment following the death of his father, a government servant. (Para 1 , 2) |
| 2. conflict between siblings regarding the validity of a consent letter for compassionate appointment. (Para 3 , 4) |
| 3. authority directed to resolve appointment dispute through a fair hearing and evidence. (Para 5 , 6 , 7 , 8) |
Order On Board
1) By way of this petition, the petitioner has sought following reliefs:-
10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioners.
10.2 That, the Hon'ble Court may kindly further be pleased to direct the respondent authorities to give compassionate appointment in municipal cor. Bilaspur.
10.3 Cost of the petition may also be granted.
2) Facts of present case are that Lal Guru, who was working on the post of Sweeper in Municipal Corporation, Bilaspur died in harness on 13.1.2006 leaving behind his widow, two sons (petitioner and respondent No. 3) and a daughter. Petitioner moved various applications for grant of compassionate appointment but the same were not considered whereas the application moved by the respondent No. 3, which was supported by consent letter was considered by the respondent No. 2. However, appointment order has not been issued in favor of respondent No. 3 till date.
3) Learned counsel for the petitioner submits that petitioner being the elder son of deceased government servant has right to claim compassionate appointment. He further submits that petitioner never gave consent to the respondent No. 3 to gain compassionate appointment and objection in this regard was also raised before the authority concerned. He prays that a direction may be issued to respondent No. 2 to consider the name of petitioner for grant of compassionate appointment.
4) On the other hand, learned counsel for the respondent No. 3 submits that respondent No. 3 moved application for grant of compassionate appointment which was supported by consent letter given by the family members. He further submits that the consent letter was countersigned by his sister as well as petitioner therefore objection raised by the petitioner is misconceived and the law of estoppel would operate against petitioner.
5) Heard.
6) Having considered the dispute involved in the present case, this petition is hereby being disposed directing respondent No. 2 to take appropriate decision with regard to grant of compassionate appointment after affording due opportunity of hearing to the petitioner as well as respondent No. 3, who will be at liberty to lead evidence in support of their respective claims, if so desired.
7) It is expected that respondent No. 2 shall conclude the entire exercise within period of 120 days from the date of receipt of copy of this order.
8) With the aforesaid direction, this petition is disposed
