NIRMALA SIDAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner herein on the demise of one Gajraj, who was working as Assistant Teacher, made an application in the year 1995 claiming that she is a distant relative of the deceased and, therefore, she was entitled to appointment on compassionate ground. Considering her application, the respondents - State authorities appointed her on 17-8-1995 on compassionate ground to the post of Assistant Teacher. Later on, on the ground that the petitioner is not a legal heir of the deceased Gajraj, by office order dated 13-12-1999, her appointment was terminated.

(2.) FEELING aggrieved by the above action, the petitioner instituted Original Application No. 1759 of 2000 before the Madhya Pradesh Administrative Tribunal, Jabalpur (for short 'the Tribunal'). The Tribunal, on the ground that the petitioner made application for appointment after a lapse of 12 years of the demise of Gajraj and her initial appointment was entirely illegal and irregular, dismissed the application by its order dated 11-5-2000.

(3.) FEELING aggrieved by that order, this writ petition is filed under Article 226/227 of the Constitution of India. Although learned Counsel for the petitioner would passionately appeal to us that the petitioner was a foster daughter of late Gajraj and on the date of death of Gajraj, she was solely dependent upon the income of the deceased Gajraj and, therefore, mere delay in making application for compassionate appointment should not be a ground to reject her claim, which otherwise merits acceptance. Alternatively, it was contended that notwithstanding the considerable delay, the Government having exercised its discretion offered appointment in the year 1995 to the petitioner and, therefore, there was no justification after 4 years to terminate her appointment on the alleged ground that the petitioner is not a legal heir of the deceased Gajraj.