Disposed¶35

Smt. Rukhmani Dahariya v. State of Chhattisgarh

Chhattisgarh HC2 Mar 2025WPS/1407/2025

Case brief

AI extract

What is this about?

Compassionate appointment; death in harness of Assistant Teacher (Panchayat) on 02.11.2016; widow's application dated 28.02.2017 pending; Committee constituted 13.09.2021; direction to consider case within 60 days in accordance with law and State policy; reliance on Coordinate Bench order dated 26.11.2024 in WPS No.2383/2024; State's stand (counsel's submission): Assistant Teacher posts unavailable, Committee may consider grievance for Class IV post; WPS No. 1407 of 2025; Chhattisgarh High Court; 03.03.2025.

What did the court decide?

Direction to the Committee constituted on 13.09.2021 to consider the petitioner's case for compassionate appointment within 60 days from receipt of a copy of the Order, in accordance with law and the policy framed by the State Government; liberty to the petitioner to produce the order before the Committee.

Smt. Rukhmani Dahariya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

¶1

Digitally signed by YOGESH YOGESH TIWARI Date: TIWARI 2025.03.11 10:49:48 +0530

2025:CGHC:10342

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPS No. 1407 of 2025

¶7

Smt. Rukhmani Dahariya W/o Late Malik Ram Dahariya Aged About 41 Years R/o Village Kohraud, Tahsil Baloda Bazar, District Bhatapara, Chhattisgarh.

¶8

versus

¶9

1 - State Of Chhattisgarh Through The Secretary, General Administrative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶10

2 - The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶11

3 - The Secretary, Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶12

4 - Director Directorate Of Public Instruction, Chhattisgarh, Indrawati Bhawan, Block- 3, 1st Floor, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶13

5 - Director, Directorate Of Panchayat And Rural Development Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶14

6 - Collector District Baloda Bazar-Bhatapara, Chhattisgarh.

¶15

7 - District Education Officer Baloda Bazar-Bhatapara, District Baloda Bazar-Bhatapara, Chhattisgarh.

¶16

8 - Block Education Officer Baloda Bazar, District Baloda BazarBhatapara, Chhattisgarh.

¶17

¶18

9 - Chief Executive Officer Janpad Panchayat Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh.

¶19

... Respondents

¶20

For Petitioner : Mr. Govind Prasad Dewangan, Advocate For State/Respondents : Mr. Akhilesh Kumar, G.A.

¶21

Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board

¶22

03.03.2025

¶23

1 By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to grant her compassionate appointment in lieu of death of her husband.

¶24

2 It is an admitted fact that the petitioner is the wife of late Shri Malik Ram Dahariya, who was working as Assistant Teacher (Panchayat) and was posted at Government Primary School Khainda (L), Block Baloda Bazar, District Baloda Bazar-Bhatapara under the Department of Panchayat and Rural Development. He died on 02.11.2016 and after death of her husband, the petitioner submitted an application before the appropriate authority for appointment on compassionate ground and she is running from pillar to post for redressal of her grievance, but the same does not fructify.

¶25

3 Learned counsel appearing for the petitioner by referring an order dated 26.11.2024 (Annexure P/5) passed by the Coordinate Bench of this Court in WPS No.2383/2024 and other connected matters, submits that the petitioner’s case be directed to be considered by

¶26

¶27

a Committee constituted by the General Administration Department on 13.09.021 as directed by this Court in the said writ petition. He would further submit the petitioner is having requisite qualification for appointment to the post of Assistant Teacher however, the case of the petitioner has not been considered till date by the respondent authorities.

¶28

4 On the other hand, learned counsel appearing for the State submits that the Committee was constituted on 13.09.2021 to consider the cases of applicants who have applied for compassionate appointment to the post of Assistant Teacher/ Siksha Karmis, but they were not having the requisite qualification however, the Committee was constituted to consider their cases for appointment on the post of Class IV post of the State Government. He would submit that in the present case of the petitioner, the petitioner is having qualification for appointment to the post of Assistant Teacher, however posts of Assistant Teachers to grant compassionate appointment is not available, but the Committee shall consider the grievance of the petitioner for grant of compassionate appointment to the post of Class IV post.

¶29

5 I have heard learned counsel for the parties and perused the documents as well as the application moved by the petitioner for grant of compassionate appointment.

¶30

6 From perusal of the pleadings made by the petitioner, it appears that the husband of the petitioner died on 02.11.2016 and she

¶31

¶32

moved application for grant of compassionate appointment on 28.02.2017, however, till date, the application moved by the petitioner is still pending and has not been considered by the respondent authorities.

¶33

7 As in the earlier writ petition bearing No.2383/2024 referred by counsel for the petitioner, this Court has directed the State/ the Committee constituted on 13.09.2021 to resolve the dispute with regard to grant of compassionate appointment to the family member of the deceased employees. Hence, it will be appropriate in the present case also that the Committee constituted on 13.09.2021 shall consider the case of the present petitioner within the stipulated period of 60 days from the date of receipt of a copy of this Order, in accordance with law and the policy framed by the State Government.

¶34

8 The petitioner is at liberty to apprise the said Committee with regard to the order passed by this Court by producing the same before it.

¶35

9 With the aforesaid observation, this writ petition is disposed of.

¶36

Sd/-

¶37

(Amitendra Kishore Prasad) Judge

¶38

Yogesh

Smt. Rukhmani Dahariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Rukhmani Dahariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M.L. Gokhle Vs State of Chhattisgarh

Kajal Sharma Vs State of Chhattisgarh

Kripal Singh Khunte Vs State of Chhattisgarh

Dinesh Kumar Sahu and Ors. Vs State Of Chhattisgarh and Ors.

Sagar Gupta Vs State of Chhattisgarh

Smt. Rajeshwari Dubey Vs State of Chhattisgarh