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Chattisgarh High Court
Smt. Rina @ Reena Bhuarya vs State Of Chhattisgarh on 16 April, 2026
Digitally signed
by AJINKYA
PANSARE
Date:
2026.04.16
16:53:22 +0530
1
2026:CGHC:17465
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6412 of 2021
Smt. Rina @ Reena Bhuarya Wd/o Late Shri Keshu Ram Bhuarya
Aged About 36 Years R/o House No. 25, Kumharras, Ward No.
15, Sukma, District- Sukma C.G.
... Petitioner(s)
versus
1. State Of Chhattisgarh Through- The Secretary, Department Of
School Education, Ministry, Mahanadi Bhavan, New Raipur, Atal
Nagar, District- Raipur (C.G.)
2. The Director Directorate Of Panchayat And Rural Development,
Raipur, District- Raipur (C.G.)
3. The Collector District- Sukma, C.G.
4. Chief Executive Officer District Panchayat Sukma, District- Sukma
C.G.
5. District Education Officer Education District Sukma District-
Sukma, C.G.
6. Chief Executive Officer Janpad Panchayat Sukma, District-
Sukma C.G.
... Respondent(s)
For Petitioner : Mr. Alok Kumar Dewangan, Advocate
For State : Mr. R.C.S. Deo, P.L.
For Respondent No. 4 : None, though served
and 6
Hon'ble Shri Justice Rakesh Mohan Pandey
Order On Board
16.4.2026
1) Petitioner has filed this petition seeking following reliefs:-
10.1. That, this Hon'ble Court may kindly be pleased
to quash/ set aside the letter/ order Kramank / 915 /
Jan. Pan. / Shiksha Stha. / Uchh. Nayaya /2021-22,
Sukma, dated 13/08/2021 issued by Chief Executive
Officer, Janpad Panchayat Sukma, District Sukma,
C.G.
10.2 That, this Hon'ble Court may kindly be pleased
to direct the Respondents to consider the application
for compassionate appointment of the petitioner
within prescribed time frame and grant
compassionate appointment to the petitioner on any
class IV post if post are not available than
supernumerary post should be created to
accommodate the petitioner or she may be given
employment on daily waged basis till availability of
vacant post.
10.3. That, this Hon'ble Court may kindly restrain the
respondents from denial of giving compassionate
appointment on the ground of delay, educational
qualification and disability of the petitioner.
10.4 That, the Hon'ble Court may kindly be pleased
to call for entire records relevant to petitioner's claim
for kind perusal of this Hon'ble Court.
10.5 That, this Hon'ble Court may kindly be pleased
to pass any other order which the petitioner is
entitled and the Hon'ble Court may deem it fit in
favour of the petitioner.
2) Facts of present case are that husband of petitioner namely
Keshu Ram Bhuarya, who was working on the post of Shiksha
Karmi Grade-III died in harness on 14.7.2015. Petitioner moved
application for grant of compassionate appointment on 18.8.2015
and same was rejected by CEO, Janpad Panchayat Sukma vide
order dated 13.8.2021 stating that in absence of requisite
qualifications, petitioner cannot be appointed as Assistant Teacher
(Panchayat) on compassionate basis.
3) Learned counsel for the petitioner submits that a circular was
issued by the respondent department for grant of compassionate
appointment on 7.2.2014 and according to it, the dependent of a
deceased Teacher (Panchayat) may be appointed against
sanctioned and vacant post of Assistant Teacher (Panchayat), if
such dependent fulfills the eligibility criteria. He further submits
that subsequently, a circular was issued on 8.1.2016 wherein it
was held that in absence of requisite qualification for the post of
Assistant Teacher (Panchayat), the dependent may be appointed
against the sanctioned and vacant post of Secretary Gram
Panchayat. He contends that circular dated 8.1.2016 was
withdrawn vide order dated 28.6.2017 and at present there is no
policy for grant of compassionate appointment for the dependents
of deceased Teacher (Panchayat). He further contends that
respondent authorities ought to have consider the name of
petitioner for appointment on any sanctioned and vacant Class-IV
post on compassionate basis. He prays to set aside the order
impugned.
4) On the other hand learned State counsel would oppose. He
submits that petitioner was lacking the requisite qualification
required for appointment to the post of Assistant Teacher
(Panchayat), therefore her application was rejected. He further
submits that there is no provision to offer appointment to a
dependent of deceased Teacher (Panchayat) against Class-IV
post, therefore this petition deserves to be dismissed.
5) I have heard learned counsel for the parties and perused the
documents placed on record.
6) Admittedly, the claim of petitioner has been rejected on the ground
that on the date of consideration, petitioner was not possessing
the requisite qualification for the post of Assistant Teacher
(Panchayat). Subsequently, the policy changed and dependents
were offered appointment on the post of Secretary Gram
Panchayat. However, said circular was withdrawn by the State
Government vide order dated 28.6.2017.
7) Present is a case where petitioner has been declined
compassionate appointment on the ground that on the date of
consideration, she was lacking the requisite qualification for
appointment to the post of Assistant Teacher (Panchayat). In my
opinion, such reasoning appears to be unreasonable and
arbitrary. In view of the aforesaid discussion, the order dated
13.8.2021 is hereby quashed and this petition stands allowed.
8) Petitioner is permitted to make a representation along with a copy
of this order before Chief Executive Officer District Panchayat
Sukma, who in turn is directed to consider the case of the
petitioner for grant of compassionate appointment against
sanctioned and vacant Class-IV post. It is expected that the
authority concerned shall complete the entire exercise within
period of four months from today.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Ajinkya
