MUKUND YADAV Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) The petitioner through the present petition is challenging the order dated 16.02.2010 (Annexure P/1) whereby the claim of the petitioner for compassionate appointment has been returned back by the concerned authority.

(2.) According to the Petitioner, while working with the Respondents as a Pump Operator, his father died in harness on 02.08.2001. Immediately after which, the petitioner moved an application for compassionate appointment but the same was not considered by the respondent authorities and subsequently now by impugned order dated 16.02.2010 his claim has been returned back on the ground that the mark-sheet for Class-5 has been submitted at a much belated stage which ought to have been submitted along with the application for compassionate appointment itself. Counsel for the petitioner further submits that returning of his application amounts to rejection of his claim application.

(3.) Learned counsel for the State opposing the petition submits that on the date when the petitioner had moved an application for compassionate appointment, he was not having the minimum qualification required i.e. Class-Vth Pass under the Rules of the State, and therefore, his claim was not considered at the relevant time. Subsequently in the year 2009 i.e. much after the death of his father, the petitioner submitted mark-sheet of having passed 5th standard which by itself would not have revived his claim application for compassionate appointment. It is further submitted that reliance of the petitioner upon a circular of the State issued on 10.06.1994 (Annexure P/7) relaxing the minimum qualification prescribed for compassionate appointment would not be applicable in the instant case as the said circular had already been superseded by the State of Madhya Pradesh itself vide order dated 01.05.2000 (Annexure R/2 with the return of the State) and therefore, the benefit of the earlier circular dated 10.06.1994 cannot be given to the petitioner in the present case as this petition has been filed in the year, 2011 i.e. much after the repealing of the earlier circular dated 10.06.1994.