Smt. Rama Dhruw Vs State of Chhattisgarh

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1

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2025:CGHC:59616

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 8543 of 2019

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Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.12.09 15:43:42 +0530

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Smt. Rama Dhruw W/o Late Shri Ramesh Kumar Dhruw Aged About 31 Years Who Was Working As Teacher Panchayat In Government Primary School Dotopara, Block Balodabazar, R/o Village Binauri, Police Station Palari, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Education, Mantralaya, Mahanandi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - The Directorate Of Public Instruction Indrawati Bhawan, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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3 - The Collector Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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4 - The Chief Executive Officer Zila Panchayat Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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5 - The District Education Officer Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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6 - The Chief Executive Officer Janpad Panchayat Balodabazar, District BalodabazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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... Respondent(s) (Cause title downloaded from CIS Periphery) For Petitioner : Mr. Aman Upadhyaya, Advocate. For Res/State : Mr. Santosh Soni, Govt. Advocate.

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari

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Order on Board

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09.12.2025

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This Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

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"10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners.

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10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby quashing the impugned order dated 06.03.2019 and further be pleased to direct to the respondent Authorities to provide the petitioner compassionate appointment as per the Govt. circular to which the petitioner is rightfully entitled.

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10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners."

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At the outset, learned counsel for the petitioner submits that this petition may be disposed of reserving a liberty in favour of the petitioner to move fresh application before the Committee which was constituted by the General Administration Department on 13.09.2021 to resolve the dispute with regard to compassionate appointment of Shiksha Karmis who died prior to date of absorption of the concerned Department. He submits that earlier all Teachers (Panchayat) as well as Assistant Teacher (Panchayat) Class-III were working under the different department, however, later on they were absorbed by the School Education Department pursuant to a notification issued on 30.06.2018. He also submits that deceased

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3

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employee was working on the post of Assistant Teacher (Panchayat) Class III in Government Primary School Dotopara Block Baloda Bazar and he was the sole bread earner of the family, however, he was died in harness on 26.04.2017 leaving behind his wife, petitioner and three minor children. He also submits that the petitioner is ready to serve as Class-IV employee, however, by way of communication dated 06.03.2019 (Annexure-P/1), the Janpad Panchayat Balodabazar informed that there is no vacancy available for the post of Peon. He also submits that the co-ordinate Bench of this Court in similar case has extended liberty in favour of the petitioner and refer the matter to the Committee constituted by the Government on 13.09.2021 in WPS No.8772/20231 (Smt. Pushpa Verma Vs. State of CG and Ors) decided on 05.05.2025. He refer to Para 7 & 8 of the said order which is reproduced hereunder for ready reference:-

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"7. 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.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 60 days from the date of receipt of a copy of this order. If so advised, the petitioner may move fresh application before the Committee within a period of 15 days.

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8. The respondent authorities may take appropriate decisions with regard to the appointment of the petitioners in Class IV posts. "

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1 2025:CGHC:20479

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4

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In view of the aforesaid submission, counsel for the petitioner prays to issue appropriate direction.

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On the other hand, learned State counsel would submit that if the petitioner will move fresh application/representation before the concerned Committee, the Committee will examine the case of the petitioner and decide the same with applicable policy in accordance with law.

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Having considered the submission of learned counsel for the parties, facts situation of the case and considering the order passed in WPS No.8772/2023, this petition is disposed of in terms of the order dated 05.05.2025 passed in WPS No.8772/2023.

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It is observed that if the petitioner moves application before the Committee constituted on 13.09.2021 by the General Administration Department within a period of 15 days from the date of receipt of copy of this order, the concerned Committee shall examine the case of the petitioner and resolve the dispute involved in the petition within a further period of 60 days with applicable policy and in accordance with law.

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The respondent/Authority may also take appropriate decision with regard appointment of the petitioner in Class IV employee in accordance with law.

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With the aforesaid observation/direction this petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Ajay

Smt. Rama Dhruw v. State of Chhattisgarh

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Smt. Rama Dhruw v. State of Chhattisgarh

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