- The High Court of Chhattisgarh in Piyush Kumar Anchal v. State of Chhattisgarh [Writ Petition (S) No.1034 of 2022] has held that even the illegitimate child was entitled to Compassionate Appointment.
- In the instant case, the petitioner who was the son of the deceased had filed the writ petition assailingthe order which directed him to obtain a succession certificate to claim a compassionate appointment on the account of the death of his father.
- For the compassionate appointment, another son of the deceased who was born out of his first marriage had also claimed for compassionate appointment.
- The Learned Counsel appearing on behalf of the petitioner had submitted that the petitioner was entitled to the compassionate appointment. Relying on the decision of Honourable Supreme Court in Union of India and another v. V.R. Tripathi and Mukesh Kumar and others v. The Union of India (UOI) and others, he had contended that the order directing for the submission of a succession certificate was unsustainable and bad in law and therefore, was liable to be set aside.
- The High Court had referred to several circulars which were applicable for consideration on compassionate grounds. The circular had provided that for the consideration of appointment on compassionate ground, preference was given to the widowor widower of thedeceased Government servant. In case of their ineligibility, the son/adopted was entitled to consideration and in absence of the son, the daughter / adopted daughter was entitled to consideration.
- In the instant case, both the widows had relinquished their claim in favour of their respective sons and their sons had claimed for compassionate appointment. Therefore, both the rival claimants wereeligible to be considered for compassionate appointment upon their applications.
- The learned counsel appearing for the petitioner had, further,relied on the decision of the High Court of Patna in Raj Kishore Kumar v. State of Bihar and others where the principle was laid that the entitlement to compassionate appointment had to be considered in order of seniority. It implies that the elder brother had the first priority in the consideration for compassionate appointment and only if he was rejected, the younger brother would be considered.
- The impugned order which was challenged by the petitioner was set aside and the matter was remitted to the respondent authorities for the consideration of the applications of both the rival claimants in accordance with the law. The Court had, further, directed the authorities to decide the case within 45 days.
- The High Court of Chhattisgarh, in the instant case, has upheld the trite law that even the illegitimate child of the deceased Government servant would be entitled to consideration on compassionate grounds and they would not bedenied consideration on the ground of their illegitimacy. This principle was laid down by the Apex Court in Union of India and others v. V.R. Tripathi
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