Chattisgarh High Court
Shyam Lal Joshi vs State Of Chhattisgarh on 29 July, 2025
1
Digitally signed
by RAMESH 2025:CGHC:37077
KUMAR VATTI
Date: 2025.08.05
10:51:56 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6383 of 2021
* - Shyam Lal Joshi S/o Late Shri Khoman Singh Joshi Aged About 35 Years
R/o Village Kandul, Tahsil Arjunda, District Balod, Chhattisgarh
... Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Education Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur,
Chhattisgarh
2 - District Education Officer, Balod, District Balod Chhattisgarh
... Respondents
For Petitioner : Mr. Vinod Kumar Sharma, Advocate
For Respondents/State : Mr. Shubham Bajpai, Panel Lawyer
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
29/07/2025
1. The petitioner has filed this petition seeking the following relief(s):-
10.1 That, this Hon'ble Court may kindly be pleased to quash
Annexure P-5 and direct the respondent no. 2 to consider and
grant appointment as per judgment of this Hon'ble Court in
W.P.S. No. 407/2021 within stipulated period, in the interest of
justice.
10.2 Any other relief which may be suitable in the facts and
circumstances of the case, may also be granted.
2. The facts of the present case are that the father of the petitioner
namely Khoman Singh Joshi was working on the post of Lower
Division Teacher in Government Higher Secondary School,
Bhardakala, Block and Tahsil Gunderdehi, District Balod and died in
harness on 24.05.2021. The petitioner applied for compassionate
appointment on 09.06.2021 before respondent No.2. Respondent No.2
rejected the application vide order dated 16.06.2021 on the ground that
Ramlal Joshi and Tameshwar Joshi (son of the deceased and brothers
of petitioner) are already in government service.
3. Learned counsel appearing for the petitioner would submit that the
father of the petitioner was working on the post of Upper Division
Teacher in Government Higher Secondary School, Bhardakala, Block
and Tahsil Gunderdehi, District Balod, who died in harness on
24.05.2021 and thereafter, an application for compassionate
appointment was moved by the petitioner and same has been rejected
on the ground that sons of the deceased family are already in
government service. He would contend that there was separate cause
of action after death of father of the petitioner, therefore, respondent
No.2 ought to have considered the application moved by the petitioner
for grant of compassionate appointment. He would pray to quash the
order dated 16.06.2021 (Annexure P-5).
4. On the other hand, Mr. Shubham Bajpai, learned Panel Lawyer
appearing for the State/respondents would oppose the submissions
made by the learned counsel appearing for the petitioner. He would
submit that the Policy for compassionate appointment issued by the
State Government applies with the University. He would further submit
that according to Clause 6(a) of the Policy, if any of the family member
of the deceased is in public service, any other member would not be
entitled for compassionate appointment. He would contend that the
family members of the petitioner are already in government service,
therefore, the claim of the petitioner has been rejected. He would
submit that the present petition deserves to be dismissed.
5. I have heard learned counsel appearing for the parties and perused the
documents placed on the record.
6. According to Clause 6(a) of the Policy for the compassionate
appointment, if one of the member of the family is in government
service, any other members would not be entitled for the
compassionate appointment. It is not in dispute that the brothers of the
petitioner namely Ramlal Joshi and Tameshwar Joshi are already in
government service and thus, the members of the family are already in
government service, therefore, respondent No.2 has rightly rejected the
application for grant of compassionate appointment. This petition fails
and is hereby dismissed.
Sd/-
(Rakesh Mohan Pandey)
Judge
vatti
