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Kamta Prasad Patel v. State of Chhattisgarh

Chhattisgarh HC22 Jan 2025WPS/326/2025

Case brief

AI extract

What is this about?

High Court of Chhattisgarh, Bilaspur; WPS No. 326 of 2025; Kamta Prasad Patel v. State of Chhattisgarh and others; Justice Amitendra Kishore Prasad; order dated 23/01/2025; compassionate appointment; Shiksha Karmi Grade III; death of employee prior to absorption; B.Ed./D.Ed.; TET qualification; C.G. Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012; Rule 7; absorption notification 30.06.2018; committee/order dated 13.09.2021; direction to decide within 60 days; Class IV post; petition disposed of.

What did the court decide?

Petition disposed of with a direction to the Committee constituted on 13.09.2021 to resolve the dispute involved in the petition within 60 days from receipt of a copy of the order; respondent authorities may take appropriate decision regarding the petitioner's appointment on a Class IV post.

Kamta Prasad Patel Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a dependent of a deceased Shiksha Karmi Grade III who died prior to absorption, is entitled to compassionate appointment notwithstanding that he does not possess the requisite B.Ed./D.Ed. and TET qualifications for the post of Shiksha Karmi Grade III. +1 more

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Court's answer

The petitioner has not acquired the required qualification for the post of Shiksha Karmi Grade III and has therefore not been provided compassionate appointment; however, the posts of Shiksha Karmis are not available with the department following absorption, so no such appointment can be provided to the petitioner even if he had the requisite qualification.

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Ratio / Principle

Since the committee constituted on 13.09.2021 to resolve the dispute has taken no decision till date, the petition is disposed of with a direction to that Committee to resolve the dispute involved in the petition within 60 days from the date of receipt of a copy of the order.

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Key takeaways

The respondent authorities may take an appropriate decision with regard to the appointment of the petitioner on a Class IV post.ratio¶40

Detailed headnote1 paragraphs

Compassionate appointment — Dependent of deceased Shiksha Karmi Grade III (appointed 27/06/2006; died 24/04/2007, prior to absorption of Teachers (Panchayat) into School Education Department by notification dated 30.06.2018) — Claim rejected for want of B.Ed./D.Ed. and TET qualification — Posts of Shiksha Karmis no longer available with the department, so no appointment possible even with requisite qualification — Committee constituted on 13.09.2021 to resolve disputes of Shiksha Karmis dying pre-absorption yet to decide — C.G. Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012, Rule 7 relied on by State to confine appointment to Teacher (Panchayat) post — Held: petition disposed of; Committee directed to resolve the dispute within 60 days of receipt of copy of order; respondent authorities may take appropriate decision on appointment to a Class IV post.

2025:CGHC:4319

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date: 2025.01.27 19:44:18 +0530

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WPS No. 326 of 2025

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Kamta Prasad Patel S/o Late Komal Prasad Patel Aged About 37 Years R/o Village Sakarri, Post Sakarra, Tahsil Aadbhar, District- Raigarh ( C.G. ).

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through- The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District- Raipur ( C.G.).

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2 - The Secretary, General Administrative Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (CG.).

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3 - The Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.).

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4 – Director, Directorate, Panchayat And Rural Development Department, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.).

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5 – Director, Public Instructions, School Education Department, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.).

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6 – Collector, Raigarh, District- Raigarh (C.G.).

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7 - Zila Panchayat Raigarh Through- Chief Executive Officer, Zila Panchayat Raigarh, District- Raigarh (C.G.).

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8 - District Education Officer, Raigarh, District- Raigarh (C.G.).

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9 - Janpad Panchayat Kharsiya, Through- Chief Executive Officer, Janpad Panchayat Kharsiya, District- Raigarh (C.G.).

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10 - Block Education Officer, Kharsiya, District- Raigarh ( C.G.).

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... Respondents

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For Petitioner : Shri C. Jayant K. Rao, Advocate. For State : Ms. Neelima Singh Thakur, PL.

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Hon’ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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23/01/2025

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In this petition, the claim of the petitioner with regard to compassionate appointment has been rejected on the ground that the petitioner do not have the requisite qualification of B.Ed./D.Ed. and TET for appointment on the post of Shiksha Karmi Grade Ill.

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Learned Advocate appearing for the petitioner submitted that the elder brother of the petitioner was working on the post of Shiksha Karmi Grade III. His date of appointment was 27/06/2006, place of posting was at Government Primary School, Chandan Dongari, Janpad Panchayat, Kharsiya and the date of death is 24/04/2007.

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He further submitted that the petitioner moved application for grant of compassionate appointment according to policy contemplated in the C.G. Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012 (hereinafter referred to as "Rules, 2012"). He also submitted that the claim of the petitioner has not been considered strictly in accordance with the provisions of the Rules, 2012. He further contended that the petitioner is ready to join services against Class IV post. In the rules also there is no provision that the dependant of the deceased Shiksha Karmis would be

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granted appointment only on the post of Shiksha Karmi Grade Ill; therefore, the decision taken by the State authorities that the petitioner do not have the requisite qualification for appointment to the post of Shiksha Karmi Grade Ill is erroneous and contrary to the rules. He also contended that the services of the petitioner was not absorbed in the School Education Department and this is one of the reasons for the non-consideration of his name. It is further stated that a committee was constituted by the State Government vide Order dated 13.09.2021 to resolve the dispute with regard to the compassionate appointment of Shiksha Karmis, who died prior to the date of absorption. It is argued that no decision has been taken by the committee till date. He further stated that a direction may be issued to the respondent authorities to consider the claim of the petitioner.

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On the other hand, learned State counsel would oppose. She submitted that the claim of the petitioner have already been rejected by the respondents, but those orders have not been challenged. She further submitted that the deceased employee died prior to the date of absorption of services and a circular was issued by the State Government to the effect that the Shiksha Karmis who died prior to the date of absorption, their dependents would get employment on the post of Shiksha Karmi Grade lII; particularly, the dependents, who have passed B.Ed./D.Ed and TET. She also submitted that the petitioner do not have the requisite qualification; therefore, his claim has not been considered. It is contended that the petitioner was granted the opportunity to acquire the required qualification, but he failed; therefore, his claim was rejected. It is further contended that there is no provision to provide employment on any other post. It is stated that according to Rule 7 of the Rules, 2012, the dependents may be provided compassionate appointment on the post of Teacher (Panchayat) only, as the sanctioned cadre was

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Shiksha Karmi Grade I, II & III only. She contended that as the minimum required qualification for a Teacher is 12th, D.Ed., TET or Graduation, B.Ed and TET; therefore, the dependent cannot be appointed against any other post and no such post is available with the department. She further argued that this petition deserve to be dismissed.

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Heard Iearned counsel for the parties and perused the documents placed on the record.

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The elder brother of the petitioner was appointed to the post of Shiksha Karmi Grade III. He died prior to the date of absorption while he was working on the post of Shiksha Karmi, his dependent moved application for compassionate appointment. The claim of the petitioner has not been considered on the ground that he do not have the requisite qualification.

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The services of all Teachers (Panchayat) were absorbed with the School Education Department pursuant to a notification issued on 30.06.2018 and at present posts of Shiksha Karmis are not available in the department. The petitioner has not acquired the required qualification for the post of Shiksha Karmi Grade IlI; therefore, he has not been provided compassionate appointment, but the fact remains that the posts of Shiksha Karmis are not available with the department; therefore, no such appointment can be provided to the petitioner, even if he has the requisite qualification.

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Looking at the facts discussed above, a decision was taken by the State Government and a committee was constituted by the General Administration Department on 13.09.2021 to resolve the dispute. It appears that till date no decision has been taken; therefore, at this juncture, this petition is disposed of with a direction to the Committee constituted on 13.09.2021, to resolve the dispute involved in this petition within a period of

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60 days from the date of receipt of a copy of this order.

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