Compassionate appointment is governed strictly by the applicable policy; if the policy bars appointment when another family member is in government service, the court cannot order a dependency inquiry to override those terms.

Order on Board

1. The present petition has been filed by the petitioner challenging the impugned orders dated 09.07.2018 and 14.09.2018 passed by the District Education Officer, Balod, whereby the petitioner’s application for grant of compassionate appointment on account of the death of his father, Late Thakur Ram Sahu, has been rejected. The rejection is based on the amendment dated 29.08.2016 introduced in the original circular dated 14.06.2013, on the ground that the petitioner’s brother is serving in the Indian Army and, therefore, falls within the definition of a Government servant. Consequently, it has been held that no other family member of the deceased Government servant is entitled to compassionate appointment.

2. Learned counsel for the petitioner submits that the petitioner’s father, Late Thakur Ram Sahu, was serving as Assistant Grade-II and died in a motor accident on 02.01.2018. Thereafter, the petitioner applied for appointment on compassionate grounds; however, his application was rejected vide the impugned orders dated 09.07.2018 and 14.09.2018 solely on the ground that the petitioner’s brother, Poshendra Kumar, is serving in the Indian Army and, therefore, is treated as being in Government service. It is further submitted that Poshendra Kumar had joined the Indian Army on his own merit much prior to the death of the deceased employee and has also been residing separately from the family for the last several years. Therefore, the learned counsel submits that the petitioner’s claim for compassionate appointment could not have been rejected merely on the said ground. Therefore, the petitioner seeks a direction to the respondents to consider his claim afresh in accordance with law after conducting due verification of the family's financial dependency.

3. Learned State counsel fairly submits that the issue involved in the present case is covered by the decision of the Full Bench of this Court rendered in the matter of State of Chhattisgarh vs. Umesh Thakur in Writ Appeal No. 236 of 2022, decided on 21.06.2023, and that the present writ petition may be disposed of in terms of the law laid down therein.

4. I have learned counsel for the parties and perused the records.

5. The relevant observations made by the Full Bench of this Court in the matter of State of Chhattisgarh vs. Umesh Thakur in Writ Appeal No. 236 of 2022, decided on 21.06.2023, are as under:

15. In our considered opinion, in view of the decisions rendered by two Division Benches of this Court in Neeraj Kumar Uke (supra), Kevra Bai Markandey's case (supra) and the reference answered by another Division Bench of this Court in Purendra Kumar Sinha (supra) answering the issue involved in this reference and in light of the principles of law laid down by the Supreme Court in Parkash Chand’s case (supra) and Nitin's case (supra), compassionate appointment has to be granted in accordance with the policy applicable and where the policy applicable for compassionate appointment clearly indicates that where one of the family members of the deceased Government servant is already in Government service then other members of the family of the deceased Government servant would not be entitled for compassionate appointment, then the writ court in exercise of its power and jurisdiction under Article 226 of the Constitution of India would not direct to hold for enquiry qua dependency/financial support by one of the family members of the deceased Government servant who is already in Government service to the other family members of the deceased Government servant when a claim is made by another member of the family for compassionate appointment, as it would amount to rewording / revising the terms of the applicable policy for compassionate appointment, which, in our considered opinion, is wholly impermissible in law. Accordingly, we hold and answer the stated question as under: -

When one of the family members of the deceased Governme