Succession Certificate not Mandatory for Compassionate Appointment if Relationship with Deceased Employee is Undisputed

The petitioner’s brother, Late Chandragupt Manjhi, died in harness on 29.09.2024 while serving as an Assistant Grade II in the Public Works Department

The petitioner, being the nominee in the service records, received ex-gratia payments and subsequently applied for compassionate appointment under the State’s Consolidated Instructions of 2013

The respondent authorities stalled the application, demanding a succession certificate and the consent of the parents

The petitioner contended that both parents were predeceased (mother in 2010, father in 2018) and that the policy does not mandate a succession certificate when no dispute exists among siblings

1. Whether the respondent authorities are justified in demanding a succession certificate for processing a claim for compassionate appointment

2. Whether the petitioner, as the brother of a deceased unmarried employee whose parents are predeceased, is eligible for consideration under the 2013 Policy

The court applied Clause VI of the Consolidated Instructions dated 14.06.2013 issued by the State of Chhattisgarh, which allows siblings of an unmarried deceased employee to seek compassionate appointment subject to parental recommendation

It further relied on the precedent set in Piyush Kumar Anchal v. State of Chhattisgarh Others (WPS No. 1034 of 2022), which established that when multiple siblings are eligible, seniority (preference to the elder) is the guiding principle and that demanding a succession certificate is improper if the policy does not explicitly require it

The Court observed that the 2013 Policy is silent on the requirement of a succession certificate for compassionate appointment

Since the petitioner’s parents are predeceased, the requirement for "parental recommendation" under Clause VI is physically impossible to fulfill; however, the court reasoned that the intent of the policy could be satisfied by ensuring no objection from other surviving siblings

The Court noted that because the petitioner was already recognized as a nominee and paid ex-gratia, the identity and relationship were not in bona fide doubt

Following the ratio in Piyush Kumar Anchal, the Court found that the administrative delay caused by demanding unnecessary legal documentation (succession certificate) was unwarranted

The respondents were ordered to finalize the petitioner’s claim for compassionate appointment strictly in accordance with the 2013 instructions within three months of receiving said affidavit