Chhattisgarh HC rules elder son gets priority for compassionate job

The Chhattisgarh High Court has quashed the compassionate appointment of a younger son of a deceased government employee, ruling that the elder son holds first priority under state rules. Justice Sanjay K. Agrawal passed the order on 11 August 2026, setting aside a 2019 appointment order by the District Education Officer of Mungeli.

The case involved Ishwar Singh Kshatriya, a peon at a government school who died in September 2016. He had two wives. The elder son from the first wife challenged the appointment of the younger son from the second wife. The court noted that the Supreme Court has held that children from a second marriage are legitimate and eligible for compassionate appointment, but the Chhattisgarh government circular of June 2013 is silent on priority among multiple sons. The High Court relied on a Patna High Court ruling that the elder brother must be considered first.

The court directed the District Education Officer to pass a fresh order within 30 days after hearing the elder son, subject to his meeting other eligibility criteria as on the date of his original application.