Elder son gets priority for compassionate job: HC

In a significant ruling on 11 August 2026, the Chhattisgarh High Court quashed a compassionate appointment made to the younger son of a deceased government employee. The decision came after a challenge by the elder son, who argued that he should have priority under the government's compassionate appointment circular. The case centered around Ishwar Singh Kshatriya, a peon who died in service on 29 September 2016.

Ishwar had two wives, and their children were designated as nominees in the government records. The succession case initially granted each legal heir an equal 1/8th share, but the second wife and her children later challenged this ruling. When the elder son applied for a compassionate appointment in September 2018, the District Education Officer rejected his claim, citing the pending second wife's succession case and lack of consent.

The younger son was then appointed in August 2019. The High Court examined the Chhattisgarh government circular and the relevant precedents, concluding that both sons were entitled to compassionate appointment. However, it determined that the elder son should take precedence, following the order of seniority. The court upheld this principle, citing previous Patna and Jharkhand High Court rulings.

The original compassionate appointment order was struck down, and the District Education Officer was tasked with granting a fresh appointment to the elder son within 30 days, provided he meets all other eligibility requirements.