The High Court of Chhattisgarh dismissed a writ petition challenging the rejection of a compassionate appointment application due to inordinate delay of over 12 years, holding that such delay frustrates the scheme's object.
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.
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7997 of 2022
---- Petitioner
Versus
---- Respondents
For Petitioner : Mr. M.K. Sinha, Advocate For State : Ms. Upasna Mehta, Dy. Government Advocate
For Respondent No.4: Mr. Abhishek Gupta, Advocate
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
20.06.2024
Page 2 of 3
petitioner’s father late Shri Drishri Kumar Kurre who was working in Panchayat Department as Panchayat Secretary died in harness on 18.09.2009. Thereafter, the petitioner’s mother submitted application for grant of compassionate appointment on 10.03.2010. That was not considered. Thereafter, petitioner’s sister applied for grant of compassionate appointment on 14.06.2018 but the same was also not considered. Thereafter, when the petitioner become major filed application for grant of compassionate appointment on 08.12.2021. The C.E.O. Janpad Panchayat rejected the same by recording its finding that the application has been made after lapse of 12 years 2 months and 20 days which is beyond limit of 5 years as prescribed in the Circular issued by the State Government. This order has been assailed by the petitioner in the present writ petition.
Page 3 of 3
the impugned order. The impugned order is legal and justified.
dismissed .
Sd-
(Narendra Kumar Vyas)
Judge
kishore
2 issues framed by the court
Whether the writ court should interfere with the rejection of a compassionate appointment application filed after a delay of over 12 years beyond the prescribed 5-year limit.
Whether condonation of such a delay is permissible under the law laid down by the Supreme Court regarding the object of the compassionate appointment scheme.
Colour shows how this judgement treated each authority
State of West Bengal vs. Debabrata Tiwari and OthersReferred¶23
State of West Bengal vs. Debabrata Tiwari and Others {(2023) SCC Online 219} · Who else cites this
Himachal Pradesh and Anr. vs. Shashi KumarReferred¶23
Himachal Pradesh and Anr. vs. Shashi Kumar {(2019) 3 SCC 653} · Who else cites this
N.C. Santosh vs. State of KarnatakaReferred¶23
N.C. Santosh vs. State of Karnataka {(2020) 7 SCC 617} · Who else cites this
Rajaryan Kurre
State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department
The Director Panchayat And Rural Development Department
The Collector Mahasamund
The Chief Executive Officer, Zila Panchayat Mahasamund
The Chief Executive Officer Janpad Panchayat, Mahasamund
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
