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2026 Supreme(Online)(Chh) 24015
HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
Prashant Kumar – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 9800 of 2019
For the Appellants/Petitioners: C.J.K. Rao
For the Respondents: Sharad Mishra
Compassionate appointment cannot be granted to a candidate if another family member is already employed in government service, as per government circulars and judicial precedents.
Headnote:(Compassionate Appointment) - (Eligibility) - Grant of compassionate appointment is not permissible if another family member is already employed in government service, in accordance with government circulars and judicial precedents. (Para 5)
Issues: Whether the petitioner is eligible for compassionate appointment when his brother is already in government service.
| Table of Content |
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| 1. petitioner seeks compassionate appointment, while the state contends ineligibility due to a brother's government employment. (Para 1 , 2 , 3) |
| 2. compassionate appointment is denied if a family member is in government service, following government circulars and full bench rulings. (Para 4 , 5 , 6) |
Order On Board
1. This petition has been filed by the petitioner seeking direction against the respondent-authorities to consider the petitioner’s application for grant of compassionate appointment.
2. Mr. C.J.K. Rao, learned counsel for the petitioner would submit that though the petitioner has made representation before the respondent-authorities for grant of compassionate appointment, but the same has not been considered by the respondent- authorities, therefore, respondent-authorities may be directed to consider and decide the petitioner’s representation within the stipulated time.
3. Mr. Sharad Mishra, learned State counsel, would submit that petitioner’s representation for grant of compassionate appointment has already been considered and rejected by the respondent-authorities. He would also submit that since petitioner’s brother is already in government service, petitioner’s application has rejected by order dated 07.07.2014 (Annexure R/1).
4. I have heard learned counsel for the parties, considered their rival submission made herein above and gone through the records with utmost circumspection.
5. A careful perusal of order dated 07.07.2014 (Annxeure R/1) would show that petitioner’s brother is a government servant in Police Department and same has been confirmed by the respondent- State herein, therefore, in view of the Government Circular, he would not be granted compassionate appointment. The fact of the present case is no more res intergra and same has also been decided by the full Bench of this Court vide its order dated 21.06.2023 in WA No. 236 of 2022.
6. In that view of the matter, I do not find any merit in the instant writ petition, accordingly, the same is dismissed. No cost(s).
