Nafr High Court
Case Details
1 2025:CGHC:15400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 962 of 2020 • Smt. Keshri Verma, Wd/o Late Shri Prakash Verma, Aged About 46 Years, R/o New Police Line, Q. No.H/41, Rajnandgaon, District Rajnandgaon (C.G.). versus ... Petitioner 1. State Of Chhattisgarh, Through Secretary, Home Department, Mahanadi Bhawan, Police Station New Raipur, District Raipur (C.G.). 2. Inspector General Of Police, Durg Range, Office Of I.G., 32 Bungalow, Bhilai, District Durg (C.G.). 3. Superintendent Of Police, Rajnandgaon, Police Station & District Durg (C.G.). ... Respondents (Cause title taken from Case Information System) For Petitioner
Legal Reasoning
: Mr. H. S. Ahluwalia, Advocate. For State/Respondents : Mr. Rajeev Bharat, G.A. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 02/04/2025 1. With the consent of learned counsel for both the parties, matter is heard finally. 2. This petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:- 10.1 That, the Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondents and the impugned order dated 07.11.2014 passed by the respondentd No.3 (Annexure-P/1) may kindly be quashed, in the interest of justice. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to 2 the respondent authorities and they may kindly be directed to give compassionate appointment to the petitioner on the post of Assistant Sub-Inspector. 10.3 Any other relief which this Hon’ble Court deems fit and proper. 3. Facts of the case in nutshell are that Late Shri Prakash Verma, husband of the petitioner, was working in the police department on the post of Constable-431, who died on 12.07.2009 in a naxalite attack along with the then Superintendent of Police namely; Martyr Shri Vinod Choubey. On account of death of husband of the petitioner, she has been granted compassionate appointment on 10.10.2009 on the post of Constable-1108. The petitioner has fulfilled the qualification to be appointed on the post of ASI (अ), therefore, she made representation before the State government to change her post from Constable to ASI (अ) on the ground of parity, as the same was given to Smt. Kavita Sahu, who was the wife of Martyr Shri Lokesh Kumar Sahu, who also died in said naxalite attack. But representations (Annexure-P/2 & Annexure-P/9) of the petitioner have been rejected by the State Government, which has been communicated to her vide order dated 07.11.2014 (Annexure-P/1), therefore, petitioner has filed instant petition seeking abovementioned reliefs. 4. Learned counsel for the petitioner would submit that in said naxalite attack 29 police personnel including the then S.P. Martyr Shri Vinod Choubey had died and husband of the petitioner also died. As per the circular dated 13.11.2020 issued by the Police Head Quarter Raipur, in martyr cases of police personnel, compassionate appointment may be given on the post of Constable/ASI (अ). Learned counsel for the petitioner would further submit that 4 dependent members of martyr police persons, who died in aforesaid naxalite attack, were granted compassionate appointment by the State Government vide decision taken by the Cabinet on 15.07.2009 by granting 3 them various relaxations, those persons are Shri Somit Choubey, Smt. Santoshi Dhruw, Smt. Lata Sahu and Smt. Vimla Bai. One other dependent member namely; Smt. Kavita Sahu, Wd/o Martyr Lokesh Sahu, was also granted compassionate appointment by change of post from Constable to ASI (अ) on the basis of Circular dated 13.11.2020, therefore, petitioner is also entitled to change her post on the basis of parity as well as Circular dated 13.11.2020. Hence, counsel for the petitioner submits that instant petition may be allowed and aforesaid relief sought for by the petitioner may be granted to her. 5. State has filed its reply stating inter alia that compassionate appointment has been granted to the petitioner on the post of Constable-1108 and she joined on the aforesaid post on 10.10.2009. Thus, she has already been granted the compassionate appointment and there is no rule or circular to change the post on the basis of compassionate appointment. Learned State counsel referring to its reply would further submit that before invoking the provisions of Article 14 of the Constitution of India and seeking parity of treatment with others, the petitioner has to demonstrate that it does not amount to negative parity because negative parity is impermissible under Article 14 of the Constitution, as two wrongs do not make one right. Learned State counsel further submitted that as per policy, there is no provision for change of post, once the compassionate appointment is accepted by the person, therefore, instant petition is liable to be rejected. 6. 7. I have heard learned counsel for the parties and perused the material available on record with utmost circumspection. Undisputedly, on 10.10.2009 petitioner was granted compassionate appointment on the post of Constable-1108. Subsequently, in the year 2013 she filed representation (Annexure-P/2) for changing of her post from Constable to ASI (अ), which has been denied vide Annexure-P/1 dated 07.11.2014. As per return filed by the State, representation of the petitioner 4 8. 9. has been rejected, as she has already accepted the post of constable on the basis of compassionate appointment and there is no policy to change the post, after acceptance of one post, to a higher post. Contentions of learned State counsel is not found to be correct, as respondent authorities themselves have changed the post of constable to ASI, which was accepted by one Smt. Kavita Sahu, Wd/o Martyr Shri Lokesh Sahu. Superintendent of Police, Rajnandgaon (C.G.) also appeared before this Court through Video Conferencing and submitted that after 7 years of service of Smt. Kavita Sahu on the post of Constable, her post was changed and she was posted as ASI. Therefore, on the ground of parity, petitioner also ought to have been granted benefit of change of post on the basis of Circular dated 13.11.2020. 10. It is also evident from the record that State Government has taken the decision on 15.07.2009 granting various relaxations in recruitment rules as well as instructions for compassionate appointment of the four dependent persons of martyr police personnel, who died in naxalite attack namely; Shri Somit Choubey, Smt. Santoshi Dhruw, Smt. Lata Sahu & Smt. Vimla Bai. On the ground of parity, if such relaxation is required to be granted to the petitioner for appointment on the post of ASI by changing of post, State Government ought to have considered the issue by taking liberal approach, as has been taken by it in respect of various other dependent persons of martyr police personnel, who died in naxalite attack. 11. Contentions raised by the learned counsel for the State that negative parity is impermissible under Article 14 of the Constitution of India is not found to be correct in fact situation of instant case, because it is a case of compassionate appointment pertaining to the martyr police personnel, who died in naxalite attack on 12.07.2009, in which, total 29 police personnel including the then S.P. Martyr Shri Vinod Choubey Rajnandgaon had died. In such situation, 5 respondents authorities ought to have taken liberal view, while granting compassionate appointment or change of post of petitioner, which has already been taken by the respondent authorities while granting compassionate appointment to dependent persons of various other martyr police personnel, who died in naxalite attack, therefore, in such situation, it cannot be said that it is a case of negative parity, rather it is found that it is a case of positive parity keeping petitioner in pedestral of those other persons, who have been given benefit by taking liberal approach in their favour, as per Circular dated 13.11.2020. It is also pertinent to mention here that vide Annexure-P/3, Director General of Police (Selection) himself has made recommendation with the word that “consider the case of the petitioner sympathetically and accord special approval because case relates to Martyr police personnel.” In view of above discussions, I feel inclined to allow the instant petition. 12. Consequently, this petition is allowed and impugned order dated 07.11.2014 (Annexure-P/1) is quashed and respondent No.1/authority is directed to re-consider the matter of petitioner afresh to give compassionate appointment by changing her post from Constable to Assistant Sub-Inspector (अ) in light of Circular dated 13.11.2020 issued by the Head Quarter (Police) Chhattisgarh, within a period of 90 days from date of receipt/submission of copy of this order before the respondent/competent authorities. 13. Accordingly, the instant petition is allowed to the extent indicated hereinabove. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA