Full Bench of the Chhattisgarh High Court allowed the writ appeal, dismissing a petition challenging a rejection of compassionate appointment candidature based on dependency enquiry barred by a Full Bench precedent.
The impugned order is set aside, and the writ petition filed by the respondent is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WA No. 236 of 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 236 of 2022
---- Appellants
Versus
---- Respondent
For Appellant :- Mr. Sameer Oraon, Government Advocate. For Respondent :- Mr. Ashish Shrivastava, Senior Advocate with Mr. Aman Pandey, Advocate.
Division Bench
Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board (07.07.2023)
Sanjay K. Agrawal, J
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WA No. 236 of 2022
by which learned Single Judge has directed to enquire as to whether respondent Umesh Thakur is getting support from his elder sister who is in Government service or not, and then to pass a fresh order in accordance with law. The relevant part of order of learned Single Judge is reproduced below:-
Bench:-
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WA No. 236 of 2022
21.06.2023 has answered the reference as under:-
“When one of the family members of the deceased Government servant is already in Government service and the applicable policy bars and prohibits the consideration of other dependent of the deceased Government servant for appointment on compassionate ground, then this Court under Article 226 of the Constitution of India would not direct for holding 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 member of the deceased Government servant when a claim is made by other member of the family for compassionate appointment, as it would amount to rephrasing / rewording of the terms of the applicable scheme / policy for compassionate appointment, as such, such enquiry is totally barred.”
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WA No. 236 of 2022
Sd/Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge Ankit
2 issues framed by the court
Whether the High Court can direct an enquiry into financial dependency of a family member who is in Government service when applying for compassionate appointment.
Whether such an enquiry amounts to rephrasing the applicable compassionate appointment policy.
Colour shows how this judgement treated each authority
Larger Bench/Full Bench decision of the same CourtFollowed¶29
Order dated 21.06.2023
State of Chhattisgarh
Directorate of Higher Education
Umesh Thakur
Sanjay K. Agrawal
Radhakishan Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
